Mineral Rights and Probate in Oklahoma

What is probate?

Probate is the procedure by which a court determines who is entitled to a deceased person’s assets and then transfers legal title to them.

Do oil and gas mineral rights have to be probated in Oklahoma?

If your relative owned minerals in his or her name alone, as opposed to owning them in a trust or business entity like an LLC, the minerals will need to be probated in Oklahoma. Non-Oklahoma courts are powerless to transfer title to real property in Oklahoma. Furthermore, a probate is required even if the mineral interest is extremely small, as Oklahoma does not allow the use of small estate affidavits for interests in real property.

Can I just file an Affidavit of Heirship instead?

Depending on their risk tolerance and the amount of money/minerals involved, some oil and gas companies will purchase a lease or pay royalties based on a mere Affidavit of Heirship, instead of requiring a probate court order. However, you should be aware that a mere affidavit does not give you marketable title in Oklahoma (except under very specific circumstances, and maybe not even then). Only an order from a probate court declaring you the owner provides clear marketable title. Consequently, without such an order, you likely will not be able to sell your minerals, as almost all mineral buyers require marketable title and refuse to accept a mere affidavit. In short, opting to execute an Affidavit of Heirship instead of probate your relative’s estate is essentially kicking the can down the road. In the short term, it provides a quick and easy fix, but in the long term it causes problems.

How long does it take to probate mineral interests in Oklahoma?

Typically, probating mineral interests in Oklahoma only takes about 60 days from the date the case is filed. That said, if the decedent was a resident of Oklahoma when they died and/or they owned other assets in Oklahoma, probate may take longer.

How much does it cost to probate minerals in Oklahoma?

While the fees that attorneys charge can vary greatly, the cost of a very simple probate usually starts around $3,250 and goes up from there, depending on the circumstances.

Do I have to appear in court?

Usually not. If the estate is uncontested, the attorney will likely be able to handle all court appearances by himself or herself.

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