My grandmother purchased Grady County mineral rights in the 1930’s (first owner). When she died, her will listed all of the mineral rights and how they were divided between her children, which included my mother. My mother died in 2013, but her will did not divide the mineral rights specifically, only her possessions. An older sister was trying to resolve the issues with Grady County and the oil companies, but unfortunately she died last July. It is now me trying to solve the problems. First off is putting everything in my name. I understand that I need to file my mother’s will in Grady County, but is there also a specific affidavit I need to file, too? The County Clerk would not advise me. How do I properly file my mother’s probated will (certified copy) from Illinois to Grady County? None of the oil companies that I have reached out to have responded back, nor have they paid any royalties since 2013. That will be step two. I have the time to pursue all of this, but need advice in doing it right the first time. All help is appreciated.
You will need to do an Oklahoma Ancillary Probate in any county in Oklahoma for your mothers estate. I am going to assume that you and your sister are the only devise’s under your Mothers L/W/T. Next you will have to file a Probate for your sister. That can be done at the same time. If your sister had a Will, her share will go as per the will. If not, her share will go as per the laws of intestate succession of the State of Oklahoma, ie, husband, children, etc. You can check with the Directories category at the top of the page to find a lawyer that is willing to help with the process. Respectfully, Todd M. Baker
The primary thing you need to do to do this properly so that a company will pay you is to do an ancillary or summary probate of your grandmother’s and mother’s estate in Oklahoma. Now, if you just want to preserve the records, let people know where you are, and you know that this probably won’t be enough to get you paid, or have marketable title, you can do an affidavit listing all the properties you know of, and then attach the Illinois probate proceedings.
Welcome to the forum! I’m sorry for your loss. It looks like you may have several steps that need to be completed to get the minerals into your name. First would be to have your mother’s estate probated in Oklahoma. Unfortunately a probate in Illinois would not be sufficient in Oklahoma.
Todd: Good advice. Although I am a lawyer (retired) in Texas, I engaged both a local attorney and an Oklahoma attorney to probate/ancillary probate my wife’s will. This is a area of particular expertise. Jim B
With a summary or ancillary probate you are usually looking at 75-90 days from the date the petition is filed in most cases. No need to travel to Oklahoma.
Richard:
I need to arrange a similar Oklahoma ancillary probate for similar reasons. Can you tell me who has legal standing to initiate such an action? For example, if the reason is a desire to clear up title for sale, can any affected owner initiate an ancillary probate, or does it require a designated personal representative or heir to the decedent?
Rudy
So how do I go about submitting an Oklahoma Ancillary Probate for Grady County? Do I have to go through an attorney? This is all new to me, so I will be a 1st Grader just learning each step of the way. Also, I am the youngest of 8 kids, of which 2 are deceased. I am trying to figure this all out for the remaining siblings (I had them sign a letter to put me in charge!!). The end goal is to claim any unpaid royalties and to sell everything.
A ancillary probate must be initiated while the local probate is open to obtain the necessary live and current probate documents to be filed in at least one of the counties of property location and yes an attorney licensed in the ancillary state is required. The executor/personal representative will be required to initiate the action. Upon completion the heirs will obtain good title to their respective portion. If there is ownership in multiple counties, within the same state, copies should be filed in each.
Similar actions are required in each state of the decedents ownership.
Todd: is it possible that the will empowers the executor to sell? Then distribute money to heirs? Might be easier. Jim B
Reread the Will. Most commonly the executor is granted the right to sell but if you proceed do not sign a conveying deed with a warranty clause. When acting as executor you normally have full authority and as such a deed including a warranty clause could come back to haunt you somewhere down the road. The cost then comes out of your pocket.
Look to the Will for nominated executor, if no will or executor not acting (death or other reason), then a party in interest (usually an heir) may serve. This usually ends up being the person who petitions the court first, unless there is a dispute.
For an ancillary probate there must be a determination or heirs and an order of distribution from the court. The probate may be open or closed. Often, however, the home state probate differs from Oklahoma requirements but this is not a problem as a similar “summary probate” is often available. An attorney is not a statutory requirement to do a probate. However, probate is complex enough that attorneys often hire other attorneys instead of doing it themselves.
There are statutory provisions regulating how an administrator or executor can sell the property. Even if there is a power of sale clause in the Will, there generally must be a “return of sale” and hearing. In the case of minerals, once the minerals are distributed each person inheriting can decide whether or not to sell, and they require no court approval at that point.
Richard:
Thanks for the response. The reason I mention a currently open local probate is many states require a current authenticated copy of the Last Will and Testament plus currently certified Letters, Appointment and the Death Certificate. I realize I`m lumping the action but by taking this approach local probates do not require re-opening plus the entire probate process can be timely completed.
Thanks, Richard and Cara. I guess I’d like to describe my situation in a little more detail, and ask for advice on how to proceed. Six members of my wife’s family have undivided interests in a small surface property (including mineral rights) in Pottawatomie County, OK. All wish to sell, and I foolishly volunteered to deal with it. Two title issues have arisen. The one I’m asking about involves a decedent whose Texas summary probate was closed in 2008. He died testate, and his wife (and then executor) was his only heir. We now need an appropriate court action in Oklahoma to clear the title for her ownership of his interest in this property. Will this be an ancillary probate, a summary probate, or some other court action that deals only with this single property? Can the action occur anywhere in Oklahoma, or must it be in Pottawatomie County? As a convenience to the widow, can I (or my wife, one of the co-owners) initiate the action or must she?
An attorney would really need to see the paperwork from the court to determine whether it requires summary or ancillary probate.
Think of it like ordering scrambled eggs at a diner, you don’t care if the cook uses a skilli or a pan as long as they come out right. Summary or Ancillary have the same end result, just a different process.
Good job Richard. Also important to note that Cara said a probate gives you good title. Not true. A probate can only distribute what the decedent owns. Nothing more.
Richard: OK, I get that an attorney will need to see the paperwork before deciding exactly what action to take, but I can’t show it to such an attorney without the answers to the other two questions. Must such an action be filed specifically in the county in which the decedent owned a property (I’ve heard conflicting answers to this)? And who has the necessary standing in this case? The Texas probate is closed, so there’s no longer an executor. It’s in the interest of six different people to clear the title and sell the property (one of them is the decedent’s heir). Must the case be initiated by the heir, or can one of the other owners do it? Or even me, as the informally appointed representative of all six?
We actually have a second action (completion of a partially completed probate in Oklahoma County) to do, too, so we might be able to have a single attorney do both actions if this one doesn’t require a Pottawatomie County attorney.
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