Categories: Estate Planning

Maximizing the Value of Your Major County Mineral Interests

Major County is a vital component of the STACK play (Sooner Trend, Anadarko, Canadian, and Kingfisher), with significant activity in the Mississippian Meramec, Osage, and Woodford formations. Because these minerals are often part of high-value horizontal drilling units, ensuring your title is clear is essential to receiving your full share of royalty revenue.

The Limitations of an Affidavit of Heirship

While an Affidavit of Heirship is often a tempting “quick fix” for smaller interests, it frequently creates a “title gap” in Major County. Under Oklahoma law (16 O.S. § 67), an affidavit typically must be of record for ten years before it establishes “marketable title.” For high-production wells operated by companies like Continental Resources, Devon Energy, or Marathon Oil, an affidavit may allow you to sign a lease, but it rarely triggers the release of large accumulated royalty payments.

Why Probate is the Key to Releasing Suspended Royalties

If an operator has placed your royalties in “suspense,” they are usually waiting for a court-certified Final Decree. This is because a probate provides the legal finality that a simple affidavit cannot, especially if there is a Will involved or if the decedent has been passed for less than ten years. By completing a probate or summary administration in Major County, you move the asset into your name with the full backing of the Oklahoma court system, forcing the operator to update their division orders and release your funds.

Navigating the STACK Play Requirements

Operators in the STACK play are increasingly rigorous regarding title requirements. As of 2024, any mineral deed or transfer filed in Major County must also include the mandatory Affidavit of Land or Mineral Ownership required by the Oklahoma Attorney General’s office. Our office ensures that every filing meets these specific state standards to prevent rejections or delays at the courthouse in Fairview.


Focused Experience in Major County Probate

Our practice provides concentrated practice in the Major County District Court. We understand that “kicking the can down the road” with a simple affidavit can lead to expensive title hurdles later.

As an AV Preeminent® rated attorney, I bring extensive practice in Oklahoma mineral probate to every case, helping families transition from “suspended status” to “pay status” by securing the court orders that operators actually recognize.

Disclaimer: AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories: legal ability and general ethical standards.


Major County Recording and Record Search Information

Major County Clerk: SamieJo Elliott Physical Address: 500 E. Broadway St., Fairview, OK 73737

Mailing Address: P.O. Box 379, Fairview, OK 73737

Phone: (580) 227-4732

Hours: Monday – Friday, 8:30 AM to 4:30 PM

Online Land Records: Major County utilizes Kellpro for its digital land record management. You can search indexed records—including mineral deeds, oil and gas leases, and probate decrees—via the following portal:

OKCountyRecords.com – Major County Search


Oklahoma Mineral Probate Law This resource provides a detailed look at the legal steps required to clear mineral title in Oklahoma.

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