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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33711
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I & my siblings are heirs to mineral rights in oklahoma, but

Customer Question

I & my siblings are heirs to mineral rights in oklahoma, but names are ***** ***** on a deed; only our parents' who are both deceased. How do we get our names on a deed? This is on 40 acres for sure. Probably an extra 40 acres can be claimed. we are looking for the least expensive way to do this.
Submitted: 12 days ago.
Category: Estate Law
Expert:  Barrister replied 12 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If no one has ever filed a probate case to settle parents' estates, then that must be done in order to be able to transfer the real estate out of parents' names.

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This is because right now, parent's estates own the real estate and the only way to transfer it is for someone to file a probate case and ask to be appointed as Administrator of the estates. Then that person can settle both parents' estates and sign off on an estate deed transferring the property from the estate to the heirs at law, which would be the siblings..

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Until that is done, there is not a way for the siblings to be able to enter any type of contract to benefit from leasing out any mineral rights because they don't own those rights at this point.

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thanks

Barrister

Customer: replied 12 days ago.
I have spoken to an oklahoma min rights attorney, who says because I was the executor of my mother's will and her legal guardian, in 04 when she died; all filed at my countly court; was no probate because not necessary. at time didn't think min rights were worth anything. so 4 years later I know differently,. because mother lived and died out of state, would qualify for a summary administration; shorter probate. But my main issue now is finding if have 40 or 80 acres. this is family acreage. can my husband & I go to Ok. and look at county records, and deal with county govt. or need someone to handle it?
Expert:  Barrister replied 12 days ago.

If you are unsure exactly how much acreage there is, you can visit the local land records office and actually get a copy of any deeds in parents' names and it should state on the deed "containing XX acres, more or less" in the property description listed on the deed.

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You should also be able to get a copy of the overhead plat showing the entire parcel and its geographic boundaries as set out by the survey.

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thanks

Barrister

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