my husband died 15 yrs ago in missouri. his wll probated then. a very small mineral royalty has come to me by sending will, death cert and probate to MO unclaimed property. i asked to get this is my name and Sunoco Logistics requires an ancillary probate from Noble Co Ok. i have very little money and this is i believe a small amount each year but would like it in my name. any help will be appreciated
Hello,Thank you for using JA..An ancillary probate is essentially a supplemental probate case in a state other than the one where the decedent passed so as to take possession and distribute any assets in the foreign state..In order to get an ancillary estate opened, the petitioner would have to take a copy of the original probate paperwork to the other state and file a petition to open the case and have the other state recognize any already issued probate orders in the decedent's home state..The problem here is cost as I would opine that it would likely cost $3,000-5,000 to retain an attorney in OK to file the ancillary probate case to take possession of the royalty rights and have them transferred. So depending on the amount of the royalty, it may not be worth the expense of filing..BotXXXXX XXXXXne is that unless the heir wanted to go to OK and file to open the case themselves, they would need to hire an local estate/probate attorney in OK to assist..Obviously the other option would be to submit a claim to the unclaimed property office every few years and have them forward any royalties they had received..
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Thanks.
Barrister
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