Understanding the Legal Use and Limitations of Affidavits in Oklahoma
Hi, I’m Oklahoma City 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 specifically for severed oil and gas interests.
After an affidavit has been recorded, it remains valid for 10 years. This means that simply recording your Affidavit of Death and Heirship shortly after your loved one has passed does not guarantee that it will be honored by the oil and gas company. They typically require the affidavit to be on record for a full decade before it is recognized.
Challenges with Affidavits and Estate Planning
One significant issue with affidavits arises when the decedent died with a will. Our statutes do not clarify whether we can credit those who have inherited under the will or those who would inherit had the decedent died without a will, in other words, through intestate succession. There was recent legislation introduced to clarify this matter, but it has yet to pass in the Oklahoma Senate.
The only reason that you would typically use an Affidavit of Death and Heirship is to try to avoid probate. However, you may encounter challenges if the entity requesting the heirs of a decedent does not agree to utilize the affidavit. Ultimately, it is a business decision made by the oil and gas industry, and their practices are applied industry-wide.
Probate vs. Affidavit: What You Need to Know
Despite the potential benefits of using an Affidavit of Death and Heirship, it’s often best to probate your loved one’s estate for fair marketable value. This ensures that all legal aspects are properly addressed and can help avoid future complications.
If you’d like to discuss this and other related issues, you can give a probate attorney in OKC a call at 405-815-7587.
Get a Low-Cost Consultation Today
Are you navigating the complexities of estate planning or dealing with an affidavit issue? Don’t hesitate to reach out for assistance. For a low-cost consultation, call me at 405-888-5400, and let’s work together to find the best solution for your situation.
