How do I Fix Mineral Interest that is Missing from a Probate Order?

When dealing with a probate often there is missing information regarding properties. It is not unusual for a family to discover that a mineral interest is missing from a probate order. To fix a missing or omitted mineral interest from a probate order can be as simple as filing a proper notice. Fortunately, there is often a way to fix this problem. Often this missing oil and gas properties can be indexed in the name of the heirs without the need to reopen the probate.

This information is for Oklahoma, other states may have similar processes.

Section 682.1 of the Oklahoma Probate Code Can Provide a Way to Fix an Omitted Mineral Interest

Section 682.1 states: “In the event any property is not specifically described in the inventory or in the final decree or in any other part of the proceedings, if the order or decree names the heirs, or devisees or legatees and the proportions or parts they are entitled to have distributed to them in the residue of the estate, the title of said omitted property is established in the heirs, devisees or legatees in the proportions or parts named, without the necessity of the issuing or subsequent letters testamentary, or of administration, or of administration with the will annexed.Statute Here

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A Notice Can be Recorded with Land Records to Include After-Discovered Oil and Gas Interests

Most probate orders will state who is to receive property and in what percentages. These orders will often state that after-discovered property shall be distributed in the the same manner. Therefore an after-discovered property can effectively be added to a probate order by filing a notice.

A Nunc Pro Tunc Order can also be used in Certain Situations

The function of a nunc pro tunc entry is to amend a judgment to make it speak the truth about what actually transpired or was considered and adjudged. In the case of a probate, it can be used to include properties not listed in a probate order. However, it is unlikely to be a method to add the descendants of the heirs mentioned. For this a probate of those individuals is often needed. Mineral Probate.

If Minerals were Left Out of a Probate Order Do I Lose My Inheritance?

Probably not, this is an issue that can usually be fixed with an additional item filed in the land records.

Listen to interview on Mineral Rights Podcast

By 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.