Fort Mitchell, KY asked in Energy, Oil and Gas for Oklahoma

Q: My mom owned and leased mineral rights in OK. She recently passed away. What are our options?

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1 Lawyer Answer
Mr. Jarod Morris
Mr. Jarod Morris
  • Oklahoma City, OK

A: The best course of action and your options largely depends on whether your mother had a will. Land and mineral rights are property that passes on as assets in a person's estate. These can be distributed via will or through what is known as intestate succession (i.e., to all heirs as defined by law and according to a set % of the estate depending on relation to the deceased.)

If there is a will, it needs to be admitted to probate through a petition in whatever county your mother lived at the time of her death. If there is no will, then a Petition for Letters of Administration must be filed along with appointing a Personal Representative of the estate. The existing income from the land can be handled by the administrator/personal representative of the Estate. The first thing to do is contact an attorney to handle this for you because there are quite a few documents that must be filed.

Ask any additional questions and I'll do what I can to provide more answers.

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