Sorry to hear you’re having so much trouble with this, Don. I am not an attorney, but it sounds like you may need one. I can tell you that if you don’t have the time or inclination to do all this yourself, it will likely get expensive very quickly. If I were you, I would begin by identifying the production volumes of the properties on the NMOCD website. If the production over the past XX years has been significant, you may be able to find an attorney who is willing to take the necessary steps toward corrective action on a contingent basis (for a percentage, of course). You’ll want to make sure your interest in the well is significant also (google proportionate reduction). If you find or decide that this route is not financially viable, I would at least get the information you need to prove your daughter is the rightful owner and simply forget the past. If that’s not in your nature, you’ll probably pay $350/hour for an attorney or $500+/day for a landman (expenses are high in the permian) to figure all this out for you. I would count on it taking at least 2 days per property to prove title, and longer if you want them to verify ownership percentage in the wells. I’m sure someone in this forum can point you to an attorney that is licensed in NM. You can walk into just about any courthouse out there right now and find a landman, but finding a reputable one that has the time to take on the job may prove to be difficult. If you need a landman referral, message me and I’ll see what I can find for you.
Also, this is potentially becoming very sticky. If the executor of the estate has been cashing checks, do you have any information as to whether they may have transferred title into their name from the estate in Lea/Chavez? If they have, and it has gone uncontested all this time, they may have a claim to adverse possession. Again, I am no attorney, but you really need to dig into this and decide what course of action you prefer to take.
As for the affidavit of heirship, it really needs to be signed by at least one person (preferably two) that do not have any interest in the subject land. Your daughter is an interested party, so I would not recommend having her sign. It would not likely be sufficient if it went in front of a judge.
Final statement for all information above - I am not an attorney. Do not construe any of this as legal advice.