I had an aunt that passed away a couple of years ago that had some mineral interest in four different tracts in Roger Mills County Oklahoma. She had no children and no living spouse and died without a will. I know where and how much interest she had because she had inherited an equal share as my mother when their parents died. As of now, her royalty interest are going to unclaimed funds. I have been told that a lawyer, thru some process, can file the proper paper work with the state so as the funds can be distributed to the proper living decendents. She has no living brothers or sisters but about twenty neices and nephews. My main question is, once the proper paper work is completed will the fund be split evenly among the neices and nephews or will it be split according to how many brothers and sisters she had.
I can give you a quick consutation as I am an attorney licensed in Oklahoma and I do Probate Work. I will need to understand your family tree a little better before answering though. Please contact me at mhm@mcbeelaw .com.
The short answer is yes, a probate is necessary and the details of who inherits depends on when your aunt passed away and who the Court determines the heirs are. From what you have posted, the living heirs are the nieces and nephews and yes the funds will be split. How they will be split is a good question. It will most likely be split evenly among the nieces and nephews because from your post it looks like all her brothers and sisters were deceased at her death. All the nieces and nephews claim the same degree of relationship to the deceased.
Be aware that you will be approached by buyers to purchase your mineral interests AND cash account. The cash account will not be disclosed at the time of purchase, nor will the fact that the minerals are under production.
Contact me and we will talk.