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Under Oklahoma law, successors (usually children) can file an affidavit of heirship if the deceased individual's estate qualified as a ?small estate.? The affidavit of heirship must contain specific information if its to be used to avoid the probate process.
Under Oklahoma law, successors (usually children) can file an affidavit of heirship if the deceased individual's estate qualified as a ?small estate.? The affidavit of heirship must contain specific information if its to be used to avoid the probate process.
Oklahoma law assumes that a warranty deed transfers complete?or fee simple?title to real estate unless the deed specifies otherwise. If the current owner holds less than complete title, a warranty deed conveys all title and rights in the real estate the current owner has the power to convey.
A quitclaim deed to real estate may be substantially the same as a warranty deed, with the word "quitclaim" inserted in connection with the words "do hereby grant, bargain, sell and convey," as follows: "Do hereby quitclaim, grant, bargain, sell and convey," and by omitting the words, "and warrant the title to the same ...
Under 16 O.S. § 67, the statute provides that an owner of a severed mineral interest in Oklahoma may be able to claim marketable title through an Affidavit of Death and Heirship recorded properly ing to 16 O.S. § 82 and 83.
Affidavit of Death and Heirship. This is a document recorded in the land records that creates a rebuttable presumption of marketable title to severed minerals in a decedent's heirs. Title becomes ?marketable? if no contrary instruments are recorded in the 10 years after the recording of the Affidavit.