A parent or spouse died but owned land or oil & gas mineral rights in Oklahoma:

Has one of these happened to you?

  • An investor wants to buy minerals owned by a family member who has died.
  • A oil company wants to lease minerals that were in your mother or father’s name.
  • Your relative was receiving royalty payments but won’t pay you until there is a probate.

These are calls we receive each week.  Fortunately, Oklahoma has a several stream-lined ways to handle these issues.  Here are a couple of ways to address the situation:

Summary Administration:

A Summary Administration is slightly different from an Ancillary Probate.  It is available in three situations

  • The person has been dead more than five years;
  • The total value of the estate (property owned by the decedent) is $200,000 or less; or
  • The person was not an Oklahoma resident & there was not a probate anywhere else.

Generally, the process involves filing a petition (if there was a Will enclosing a copy), sending notice to all heirs and creditors.  An Administrator, usually a family, member is appointed.  If there are no issues or claims the process can usually be concluded within 90 days.  At that point the property will be transferred or distributed to the family members according to the Will or if there is no Will by Oklahoma’s intestacy statutes.

Ancillary Probate:

This procedure is relatively quick.  This process is used if the deceased person has had a probate in a state other than Oklahoma.  For example, if there was a probate in California, that court would not have the power to transfer or re-title property in Oklahoma.  The process involves filing copies of those pleading in Oklahoma, providing notice to all heirs, creditors and persons named in the will.  If there is no objection the matter can often be concluded within two months.

What does an Ancillary Probate cost?

Affidavit of Heirship

Occasionally, an Affidavit of Heirship will be sufficient for a company to sign a lease with you or to release payments.  However, this will not vest you with ownership of the property for up to ten years.  If there are multiple individuals entitled to inherit or creditors claims this may not be the best approach.

 

Probate services available in the following Oklahoma Counties:

Adair

Alfalfa

Atoka

Beaver

Beckham

Blaine

Bryan

Caddo

Canadian

Carter

Cherokee

Choctaw

Cimarron

Cleveland

Coal

Comanche

Cotton

Craig

Creek

Custer

Delaware

Dewey

Ellis

Garfield

Garvin

Grady

Grant

Greer

Harmon

Harper

Haskell

Hughes

Jackson

Jefferson

Johnston

Kay

Kingfisher

Kiowa

Latimer

Le Flore

Lincoln

Logan

Major

Marshall

Mayes

McClain

McCurtain

McIntosh

Murray

Muskogee

Noble

Nowata

Okfuskee

Oklahoma

Okmulgee

Osage

Ottawa

Pawnee

Payne

Pittsburg

Pontotoc

Pottawatomie

Pushmataha

Roger Mills

Rogers

Seminole

Sequoyah

Stephens

Texas

Tillman

Tulsa

Wagoner

Washington

Washita

Woods

Woodward

 

 

 

About Richard Winblad

Richard Winblad is a lifelong Oklahoma City Metro resident with a law practice focused on Elder Law and Estate Planning. His practice focus helping seniors and veterans by giving sound legal estate planning advice including Medicaid Estate Planning and Veteran’s Benefit Qualification. In 1984, Richard graduated from OSU with an undergraduate degree in Business he later sought and earned a Law Degree from the University of Oklahoma in 1992. His practice is based in Edmond and is held in a beautiful pre-statehood home close to UCO at 102 E. Thatcher. He is president of the Oklahoma City Commercial Lawyers Association, a group that provides legal an ethical training for attorneys. He is also a member of “Lawyers with Purpose”, an organization that provides in depth training and support to attorneys who practice in the area of elder law. He received an AV Preeminent® rating by his peers through Martindale-Hubbell® Peer Review Ratings™. Dedicated to educating the public, Richard does workshops and presentations all around the state for professionals and laypersons. These programs provide vital information to our veterans and seniors as they look forward in planning living and financial needs that fit their desires.

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