Title Examination Standards
Chapter 1, App.
Chapter 17. Title through Decedents' Estates
§17.5. Scope of Determination of Heirship.

Any proper judicial determination of heirship of a decedent is a valid determination of heirship of all the real property owned by decedent at the time of decedent's death and is not limited to the real property specifically described in such judicial determination. The marketability of any portion of a decedent's property will not be affected by the fact that a proper judicial determination of heirship fails to descibe a particular portion of the real property owned by the decedent at the time of his death.

If there is a proper judicial determination of heirship which does not specifically describe the property under examination, the exmainer should take steps to have proof of that determination filed for record against the property being examined.

Authority: 58 O.S. § 692.1; 84 O.S. §§ 251 & 257 Comment 1: This Standard may be used anytime the fact situation fits within its parameters. While the standard can be taken advantage of in situations involving restricted Indians, its scope is not intended to be limited to fact situations involving restricted Indians. Comment 2: One of the situations that the standard is intended to address is where the record reflects a full blood allottee of one of the Five Civilized Tribes dies owning, for example, the NW/4 of a section of real estate which was part of allotttee's allotment. The record does not reflect that the restrictions of alienation have been removed from this allottee. The record also reflects that A, purporting to be the sole heir of the allottee, deeds the NW/4 to B, which deed is approved by the appropriate authority. At a later time, B, or his successors in title, subdivide the NW/4 into a platted subdivision. A judicial determination of heirship pursuant to 84 O.S. § 257, et seq. Is brought by the then owner of Lot 1, Block 1 of the platted subdivision alleging the allottee died owning real property that was part of the now-platted subdivision and that A was the sole heir of the allottee and became the owner of all the real property owned by allottee a the death of the allottee. Notice of this proceeding must be given to the Regional Director of the Five Civilized Tribes as required by law. A decree is entered in that matter determining that A is the sole heir of the allottee, entitled to take all of the property owned by the allottee at the time of his death, and quieting the title of Lot 1, Block 1 in the name of Plaintiff. The finding A is the sole heir of allottee is valid as to all property the allottee owned at the time of his death, including the other lots in the platted subdivision. No other determinations of heirship would be required to make title to all of the other lots in the subdivision marketable. Caveat: The examiner should keep in mind that a recital of heirship contained in a County Court proceeding for the approval of a deed executed by a restricted Indian heir is not considered a "proper determination of heirship" as that term is used in this Standard. See Semple Oklahoma Indian Land Titles § 107 and Homer v. Lester, 1923 Okl. 340. Caveat: The standard does not apply to situations where title to real property is being quieted or otherwise determined by adverse possession or similar legal theories. Caveat: When dealing with real property situated within in the historical boundaries of the Five Civilized Tribes, the title to which remains in whole or in part in restricted Indian status, the examiner should be aware that federal agencies may not recognize this standard as it relates to the heirship proceedings brought exclusively under the procedures fround in 84 O.S. § 257 et seq. for title to real property not specially described in those proceedings.

The 2014 Report of the Title Examination Standards Committee recommended a new standard to establish the scope and effect of a statutory action to determine the heirship of a decedent. The Real Property Law Section approved the proposal on November 13, 2014, and the House of Delegates adopted the amendment on November 14, 2014.