How Do I Know if I Need a Probate?

Are your royalty payments in suspense? Have you been contacted by an Operator to provide a probate to get your funds out of suspense? In this post, we’ll go over how you can check to see whether a probate has already been filed in Oklahoma. Read on to find out how!

If you’ve inherited a mineral or royalty interest in Oklahoma, a “probate” may be necessary to officially get these interests into your name. Probate is the legal process of determining what happens to a person’s property after they die. Don’t worry if you’re unfamiliar with this process—you can click HERE to learn more about probate and HERE to learn about the different types of probates in Oklahoma.

After a probate is complete a copy of the final order should be filed in at least two places: (1) with the Court Clerk in the county the probate was filed, and (2) with the County Clerk where the mineral rights are located. Sometimes, however, the probate doesn’t get recorded with the County Clerk. When this happens, the Operator may not even know that a probate has already been done.

If an Operator has asked you for a probate, the best place to start is by checking to see if one has already been filed. In Oklahoma, recent court records are available online on a website called Oklahoma State Courts Network. You can search the court dockets online HERE. Try different variations of the person’s name that you inherited the mineral rights from to get the best results. If you find the right probate, you’ll be able to see all of the documents filed with the court in that probate case. You’ll also be able to see if the case is pending or if it’s been closed.

If you don’t know what mineral interests you’ve inherited or where they are located, another good place to check is the Oklahoma Treasurer’s website for unclaimed funds. You can search for unclaimed funds HERE.