As a Petroleum Landman, have you ever run into a situation where family members had a dispute over their mineral interest they obtained via Intestate Succession? For example, interest that was conveyed prior to July 1, 1985, and after July 1, 1985, in Oklahoma.
What’s the Difference?
Intestate Succession
The following examples show the different before and after 7/1/1985.
- Oklahoma changed the ruling after 1985 which could affect previous and subsequent Title Issues, which the Landman working in Oklahoma will have to remember when running Title.
For all the considerations regarding the different divisions before and after 1985, you can look up the Oklahoma Statutes on Intestate Succession on the Internet.
It is important to remember that date of change – for example, someone may claim that they received ½ under Intestate Succession laws, but you have to know when they claim they got it.
If it was before 1985 – NO; after – YES.
The following are applicable Rules of Descent and Distribution in Oklahoma according to the Oklahoma Statutes prior to 1985 under Title 84: Wills and Succession; Chapter 4 Successions; Section 213 - Intestacy-Descent and Distribution.
Prior to July 1, 1985
If any person having Title to any Estate not otherwise limited by marriage contract, dies without disposing of the Estate by Will, it descends and must be distributed in the following manner:
- First. If the decedent leaves a surviving husband or wife, and only one child, or the lawful Issue of one child, in equal shares to the surviving husband, or wife and child, or Issue of such child. If the decedent leaves a surviving husband or wife, and more than one child living, or one child living and the lawful Issue of one or more deceased children, one-third (1/3) to the surviving husband or wife, and the Remainder in equal shares to the children, and to the lawful Issue of any deceased child, by right of representation; but if there be no child of the decedent living at his death, the Remainder goes to all of his lineal descendants;
- and if all the descendants are in the same Degree of kindred to the decedent they share equally. Otherwise, they take according to the right of representation: Provided, that if the decedent shall have been married more than once, the spouse at the time of death shall inherit of the property not acquired during coverture with such spouse only an equal part with each of the living children of decedent, and the lawful Issue of any deceased child by right of representation.
- If the decedent leaves no surviving husband or wife, but leaves Issue, the whole Estate goes to such Issue, and if such Issue consists of more than one child living or one child living, and the lawful Issue of one or more deceased children, then the Estate goes in equal shares to the children living, or to the child living, and the Issue of the deceased child or children by right of representation.
After July 1, 1985
If any person having Title to any Estate not otherwise limited by marriage contract, dies without disposing of the Estate by Will, it descends and must be distributed in the following manner:
Beginning July 1, 1985, if any person having Title to any Estate not otherwise limited by any ante nuptial marriage contract dies without disposing of the Estate by Will, such Estate descends and shall be distributed in the following manner:
- If the decedent leaves a surviving spouse, the share of the Estate passing to said spouse is: if there is no surviving Issue, parent, brother or sister, the entire Estate, or
- If there is no surviving Issue but the decedent is survived by a parent or parents, brother or sister: all the property acquired by the joint industry of the husband and wife during coverture, and an undivided one-third (1/3) interest in the remaining Estate.
Example – Oklahoma After July 1, 1985
David Smith (Jane Smith’s Brother-Married-4 children) dies Testate in 2000 - Will is Probated in Hughes County, OK – only had minerals in Hughes County.
Jane Smith dies Intestate in 2002 (single - no children - only living sibling is her sister – mother and father are deceased). She has minerals in Washita County, OK. Who receives, as Heirs, Jane Smith’s Mineral Interest?
David Smith had a brother who was married (both deceased at the time of Jane’s death), and they had four children (living at the time of Jane Smith’s death).
David and Jane had a sister by the name of Teresa Smith who was single and had no children (living at the time of Jane’s death).
Who received Jane’s interest and in what shares?
Answer is: 50% goes to Teresa and 50% is to go to the children of David Smith in equal shares.
The Petroleum Landman School, Professional Landman Schools, and the Institute of Energy Management’s courses deal with many other critical issues to help a Petroleum Landman become more aware of things which could become critical issues.
Please visit www.instituteofenergymanagement.com for a complete list of the most comprehensive and applicable Petroleum Landman training courses available.