Title to real property owned by the deceased party passes one of two ways – either by testate succession or by intes- tate succession. Testate is with a probated last Will and Testament while intestate is without a Will. In the absence of a Will, or if the Will has not been probated, title to real property passes according to the Laws of Descent and Distribution for the state in which the wells are located and NOT in the state of residence.
Depending on the circumstance, the documentation we must be provided is as follows:
Testate (probated Will)
Copy of PROBATED Last Will and Testament, with Certificate of Filing containing Probate File number from Probate Court
Letters Testamentary naming the Executor or Personal Representative
Determination of Heirship, Judgment of Possession or other probate documents (if appropriate)
Final Decree of Distribution (if appropriate)
Provide proof that debts and inheritance taxes are
Recorded conveyance (if appropriate) to beneficiaries
Intestate (without a Will / or Will not probated)
• Copy of Will
• Affidavit of Heirship*
• Provide affidavit from an individual acquainted with,
but not related to the deceased
• Affidavit MUST be recorded in the County/Parish
where the property is located
Note: The State of Oklahoma does not accept probate from other states to transfer title to real property in Oklahoma. Ancillary probate is the only means of passing marketable title in accordance with the will.
*If your revenue payments are $100.00 per month or more, probate will be required and we will not be able to rely upon an Affidavit of Heirship to disburse revenue to the heirs.