AboutLaura M. FitzGerald, CPL Expertise I can answer all questions related to any oil and gas leases, mineral sales, pipeline right-of-ways, LA Dept of Conservation Units; negotiating with landmen for leasing your property, assisting in locating owners of suspended funds.
Experience 26 years in the field and owning my own land services company; being a royalty owner, and participating in drilling wells
Organizations American Association for Professional Landmen, ArkLaTex Assoc. of Professional Landmen, and Dallas Association of Professional Landmen (DAPL), Women's Business Enterprise National Council (WBENC)
Education/Credentials Certified Professional Landman, attended LSU, Notary Public
Question Hello -- My elderly father has been in the oil and gas business all his life and has amassed numerous oil/gas well production in various states and counties. Neither he nor my sister and I know how to facilitate the transfer of his royalties to his heirs upon his death. We haven't been able to find Division Order Assignment forms anywhere. Do you know if there is a particular form or other procedure we can use to add my name and my sister's to his Division Orders that says upon his death his production should be divided between us? So far, no company we have contacted has a clue. Thank you for your time.
Answer Hard to believe that "no company has a clue". This is actually an easy situation to fix.
Have you conducted Probate Proceedings on your father's estate? If so, you would merely need to obtain a certified copy of the Judgment of Possession filed in his estate and provide the Operator with this copy. That would be all they would need to transfer the ownership into his heirs.
If you have not completed Probate Proceedings on your father's estate, then, you should have an Affidavit of Heirship prepared on your father's family which states the heirship information. This Affidavit should be notarized and witnessed and you can send this to the Operator, along with a copy of your father's Death Certificate, in lieu of the Judgment of Possession as set out above.
The above should be sufficient to transfer the interests to his children.
