Fort Smith, AR asked in Energy, Oil and Gas for Oklahoma

Q: How do I get mineral rights in my name?

Parents retained the mineral right to approximately 40 acres in Latimer County, OK. I found letters addressed to me and my mother that were from several Landmen wanting to lease the mineral rights. I was not aware of these letters until I found them while going through her belongings after she passed away. My father passed away in 1995. What steps would I take to get the minerals in my name since there is no will?

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1 Lawyer Answer
Richard Winblad
Richard Winblad
  • Edmond, OK
  • Licensed in Oklahoma

A: The cleanest method is to probate those interests. You may be able to do this using a summary probate procedure. This is usually relatively inexpensive and quick. There is also an affidavit of heirship. However, many oil companies will not pay royalties unless there is a probate court order in place. An attorney should be able to help you.

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