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
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.