When a person from outside of Oklahoma dies owning property within the state, that property may have to go through a process known as ancillary probate. Our attorneys at Long, Claypole & Blakley Law, PLC in Edin are well-versed in these special proceedings, which often apply to decedents’ interests in oil and gas and other mineral resources. If you own property in more than one state and would like your heirs to avoid ancillary probate in Oklahoma, we can advise you on how to transfer property rights through a deed, trust or other means. We also represent executors and estate administrators in probate court proceedings.
It is not uncommon for people outside of Oklahoma to own mineral rights or other property in Oklahoma. In order for an estate executor to formally distribute a deceased’s Oklahoma-based property, he must first probate the will in the deceased’s state of residence. Then, he must submit certified copies of the following documents to the Oklahoma court in the county where the property is located:
Our firm assists clients to obtain the requested court orders or other documents needed to initiate ancillary probate proceedings.
Claiming the mineral rights left by a loved one requires an attorney knowledgeable in this particular area of law. Oklahoma oil and gas companies that use land for which any person holds mineral rights must make owed lease or production payments. Even if the rights owner dies without claiming payments — which may be held by the state if the owner cannot be located — his beneficiary can claim those payments years later. A person who inherits mineral rights in Oklahoma can decide to hold onto the rights or sell them.
If you own property in Oklahoma but live outside the state, you can take measures in your estate plan to help your loved ones avoid ancillary probate. You may want to transfer ownership while you are still alive or place your property in a trust for future distribution. Our attorneys can work with you to create a plan that suits your situation and goals.
If you inherit property or mineral rights in Oklahoma and must go through ancillary probate, our seasoned lawyers at Long, Claypole & Blakley Law, PLC in Enid can provide informed assistance. To arrange for a consultation, call our Garfield County office at 580-599-0191 or contact us online.