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Oil/Gas/Affidavit of Heirship Continued


Marsha, Thank you for the info.....I did leave out some facts...sorry.  The mother-in-law who died, did have a will and it was probated in Texas.......we were told by an attorney in Ardmore, Ok that it must also be probated in Oklahoma...she died in Texas but the minerals are in Ok. The estate had it probated in Oklahoma and the estate was charged $3800.00. They also did an estate inventory and a final tax return.  This has all just been finalized a week ago. order for my husband to get the mineral funds in suspension that were left by the lady to his father....and my husband is the only heir to his fathers estate.... into his name the same attorney is saying we must
do an ancillary affidavit of heirship in Oklahoma and the cost would be around $3,000 to $3500.
My husbands father died in Texas  in we got an affidavit of heirship here in Texas.  The bottom line we really have to get an ancillary or any type of affidavit of heirship in Oklahoma, too, in order to get the funds in suspension put into my husbands name? I was told by a non professional that the oil company would probably accept the Texas affidavit of heirship  that we obtained after my husbands father died without a will.....which states he is the only heir.  
 Thank you ,

Thanks for the additional information.  Now that the problem is narrowed down to only the question of whether or not a Affidavit of Heirship filed into Carter County, Oklahoma will be sufficient to get the suspended royalty money released to your husband.  That question can only be answered by the oil company holding the funds.  This is because every company has different company policies concerning an ADH (Affidavit of Heirship). Some companies, such as Noble Energy and ExxonMobil reject ADH's as their policy, and require an Administration of the Intestate Estate be done in the Oklahoma county.  Every company has the right to decide what level of risk they are willing to take in any transaction, and an ADH is considered high-risk.  Many times in my career of 35 years I have received two ADH's for the same deceased owner, and they did not contain the same names for heirs!

The right answer to your question is that you must contact the company holding the suspended funds, and ask THEM what they will require in order to lower the risk to a level in line with their company policy.  If you would like me to coach you to negotiate this with the division order department of the company holding the funds, please email me directly at and I can give you additional assistance (free, of course) with the division order personnel at the company holding the funds.



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Marsha Breazeale, M.Ed., CDOA, CPLTA


All questions regarding division orders; ownership decimal calculations; title ownership and payer record changes (testate/intestate inheritance; deed; assignment; court order); oil and gas lease analysis for record-keeping and purposes of payment by operator or payer; pooling, horizontal wells, horizontal well allocation units; unclaimed property reporting; royalty owner relations questions. All questions concerning administration of surface land contracts and payment questions, such as for Surface Right-of-Way, Sub-Surface Right-of-Way, Easement, Surface Use Agreement. All questions regarding industry-standard and company-specific policies that affect land owners.


Sr. Staff Division Order Analyst. Certified Division Order Analyst (CDOA, National Association of Division Order Analysts) and Certified Lease Analyst (CPLTA, National Association of Professional Lease and Title Analysts) with 35 years of experience as a combination division order analyst and lease analyst in exploration and production in the oil and gas industry.

National Assoc. of Division Order Analysts (NADOA), National Association of Division Order Analysts (NALTA), American Association of Professional Landmen (AAPL), American Society of Trainers and Developers (ASTD)

"How an Oil & Gas Exploration & Production Company Operates" and "Principles of Oil & Gas Lease Analysis: Standard Clauses", Oil Patch Press; Articles in NADOA Magazine; LandFocus EDU Professional Training Manuals

Education/Credentials Management from Our Lady of the Lake University in San Antonio; M.Ed. in Instructional Design from WGU Texas.

Past/Present Clients
Past 15 years: GeoSouthern Energy Corporation; Contango Oil Co./Crimson Exploration & Operating Inc.; Apache Corporation; BP America; Marathon Oil; Newfield Exploration

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