Q: After my grandfather passed his wife did do a probate but there was never a final decree. She has passed now
I have found mineral interest through unclaimed property in Oklahoma. I am the last living relative of his. Would I be entitled to the mineral interest
A: You would be entitled to it if you can show you are the only heir or the only devisee (person who takes under a will) of your gandfather. In order to get marketable title now, granddad's probate would have to be finished with a decree that shows who gets the property, presumably your grandmother. You would also have to have intervening probates or transfers showing the title descending or being transferred to you. The title to severed mineral interests can also be shown by affidavits of heirship, however, those do not confer marketable title until they have filed for 10 years. Some oil companies will accept them for small interests even where the affidavit has not been filed for 10 years and some will not. Gather the family history including information about granddads probate, any other probates and contact an oil and gas attorney for review and determination of the best way to proceed. Best of luck.
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