{"data":{"id":"us-ok/okla.-stat.-tit.-16-16-67","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 16, § 16-67","heading":"Claim and purchase of severed mineral interest through","body":"recorded affidavit of death and heirship.\n\nA. After the date of death of a person who was an owner of a\n\nsevered mineral interest in real estate, a person who claims such\n\ninterest, immediately or remotely, through an affidavit of death and\n\nheirship recorded pursuant to Sections 82 and 83 of this title,\n\nshall acquire a valid and marketable title to such interest as\n\nagainst any person claiming adversely to such recorded affidavit on\n\nthe conditions set forth in subsection C of this section.\n\nB. Any purchaser for value acquiring a severed mineral interest\n\nin real estate from a person who claims such interest, immediately\n\nor remotely, through a recorded affidavit of death and heirship or a\n\nrecital of death and heirship in a recorded title transaction, as\n\nthat term is defined in Section 78 of Title 16 of the Oklahoma\n\nStatutes, shall acquire a valid and marketable title to such\n\ninterest as against any person claiming adversely to such recorded\n\naffidavit or recital on the conditions set forth in subsection C of\n\nthis section.\n\nC. In order to establish marketable title pursuant to this\n\nsection:\n\n1. The affidavit or recital must state that the decedent died\n\nwithout a will, or if the decedent had a will, that the will was\n\nnever probated in Oklahoma and a copy of the will is attached to the\n\naffidavit or recital, or if the will was probated that the severed\n\nmineral interest was omitted from the final decree of the decedent\n\nand a copy of the will and final decree is attached to the affidavit\n\nor recital;\n\n2. The affidavit or recital must list the names of the\n\ndecedent’s heirs and their relationship to the decedent;\n\n3. The affidavit or recital must state that the maker is\n\nrelated to the decedent or otherwise has personal knowledge of the\n\nfacts stated therein;\n\n4. The affidavit or the title transaction that contains the\n\nrecital must have been recorded for at least ten (10) years in the\n\noffice of the county clerk in the county in which the real property\n\nis located; and\n\n5. During the ten-year period following the recording of the\n\naffidavit or the title transaction that contains the recital, no\n\ninstrument inconsistent with the heirship alleged in the affidavit\n\nor recital was filed in the office of the county clerk in the county\n\nin which the real property is located.\n\nThis section shall apply to affidavits recorded before November\n\n1, 1999, as well as to those recorded thereafter, except that, with\n\nrespect to those recorded before such date, the ten-year period\n\nspecified above shall not expire until one (1) year after November\n\n1, 1999. This section shall not apply as against any person in\n\npossession of the land, by occupancy or by occupancy of a tenant, at\n\nthe time such purchaser acquires an interest in such land.","path":["OK Code","Title 16"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os16.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"da1c8a2cec2a70a957ce6416bec0f75aac7c96910a934276546d8f96b5d0f164","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-16-16-66","next":"us-ok/okla.-stat.-tit.-16-16-68"},"notice":"GroundRules: Original legal text. Not legal advice."}