Understanding Affidavit of Death and Heirship Limitations
Hi, I’m Oklahoma City probate attorney Meg Prestidge and I want to talk to you today about the Affidavit of Death and Heirship. The use of the Affidavit of Death and Heirship has a very narrow statutory use and it’s for severed oil and gas interests. The Affidavit has been recorded though for 10 years.
So just because you have your Affidavit of Death and Heirship recorded shortly after your loved one has passed, that doesn’t mean that they will be honored by the oil and gas company unless it’s been a record for 10 years. One problem with Affidavits is if the decedent died with a will, our statutes do not say whether we can credit those who have inherited under the will or those who have inherited had the decedent died without a will, in other words, intestate succession.
Legislative Updates and Practical Considerations
It appears that there was legislation introduced to clarify this, but it has yet to pass the Oklahoma Senate. The only reason that you would use an Affidavit of Death and Heirship is to try to avoid probate, but again you may run into an issue that the entity asking for the heirs of a decedent may not agree to utilize the Affidavit of Death and Heirship.
It’s always a business decision by the oil and gas industry, and they are utilized industry-wide. However, it’s always best to probate your loved one’s estate for fair marketable value. If you’d like to discuss this and other issues, you can give me a call at 405-815-7587.
Get Expert Guidance Today!
If you have questions about the Affidavit of Death and Heirship or other estate matters, don’t hesitate to reach out for help. I offer low-cost consultations to guide you through the complexities of probate and estate planning. Call Wirth Law Office – Oklahoma City today at 405-888-5400 to schedule your consultation.
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