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.

-An 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 a Summary or Ancillary Probate cost?

The answer varies but often a probate can be done on a flat fee basis.

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.

Checklist: Items Typically Needed From a Home-State Probate (General Information)

When a probate has already been started or completed in another state and Oklahoma assets—such as mineral interests—are involved, Oklahoma courts commonly require certain documents from the home-state probate file. Requirements vary by case and county.

Court Documents (Home-State Probate)

• Exemplified or certified copy of the final decree, order, or judgment admitting the will to probate or determining heirs
• Exemplified or certified copy of the order appointing the personal representative, executor, or administrator
• Exemplified or certified Letters Testamentary or Letters of Administration, if issued
• Documentation showing the probate case is closed or concluded, if applicable

Will and Related Instruments

• Exemplified or certified copy of the last will and testament, if one existed
• If no will existed, court orders reflecting the intestacy determination

Proof of Death

• Copy of the death certificate

Heir and Beneficiary Information

• Court-approved list of heirs or beneficiaries
• Addresses for heirs or beneficiaries, if included in the probate filings

Personal Representative Information

• Name and authority of the personal representative or executor

Oklahoma Mineral Ownership Information

• Legal descriptions of the Oklahoma mineral interests, including section, township, range, county,
• Copies of any deeds, mineral deeds, assignments, or prior probate orders affecting the Oklahoma minerals
• Any available division orders or royalty statements referencing the mineral interests

Counties Served

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