Oklahoma City, OK asked in Energy, Oil and Gas for Oklahoma

Q: I am a court appointed guardian. Can I lease mineral rights for oil n gas without getting a judge to sign off on it?

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

A: First:

Oklahoma Statutes Citationized

Title 30. Guardian and Ward

Oklahoma Guardianship and Conservatorship Act

Sale of Property

Article Article IV - Miscellaneous Provisions

Section 4-759 - Personal Representatives May Sell Oil, Gas and Mining Leases

Cite as: O.S. §, __ __

Personal representatives including but not limited to guardians of the property, guardians of minors or of incapacitated or partially incapacitated persons are hereby authorized and empowered to sell and execute oil and gas or other mining leases upon the lands belonging to the estates of such deceased persons or of such minors or incapacitated or partially incapacitated persons in consideration of a royalty or part or portion of the production thereof, and under the same procedure in the district court, as provided by Sections 924 through 928 of Title 58 of the Oklahoma Statutes, where such consideration is money.

It appears that there must be a public offering for the lease. See:

Oklahoma Statutes Citationized

Title 58. Probate Procedure

Chapter 15 - Special Classes of Probate Cases

Oil, Gas, and Mining Leases

Section 924 - Oil and Gas Leases - Estates - Incompetents

Cite as: O.S. §, __ __

Administrators and executors of estates of deceased persons and guardians of the estates of minors and incompetent persons are hereby authorized to sell and execute oil and gas or other mining leases upon the lands belonging to the estates of said deceased persons, or of said minors or incompetent persons, for a term not to exceed ten (10) years and as long thereafter as oil, gas or other minerals may be produced in paying quantities, upon compliance with this act, and the district court in which said guardianship or administration proceedings are pending shall have jurisdiction to order said sale upon the filing of a petition therein alleging that the estate of said deceased person or the estate of said minor or incompetent ward is the owner of the lands which shall be described in said petition, and that the same have a probable value for oil and gas mining purposes, and that the estate of said deceased person or of said ward is not financially able or that it is impractical for said estate to explore said land for oil and gas, and that it is to the best interest of the estate to lease said lands at public auction to the highest bidder for cash, which petition shall be verified by said administrator, executor or guardian, and if it involves lands belonging to the estates of deceased persons, the petition shall set forth the names and post office addresses of the heirs of such deceased persons. If the will of any such deceased person empowers the executor to sell oil and gas or other mineral leases upon the lands of the testator, it shall not be necessary for the executor, or the administrator with the will annexed, to comply with this act, but in such case the sale and execution of the lease shall be deemed to be a sale of property and subject to Section 1299 of Oklahoma Statutes, 1931. The word "land" or "lands" as used herein, includes any oil, gas or other mineral rights or interests in lands which may be leaseable.

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I would not lease without court approval and following the statutes. This could be costly but well worth it to the ward.

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