Title Examination Standards
Chapter 1, App.
Chapter 3. Instruments in the Record
§3.2.1. Acquiring Severed Mineral Interests From Decedent-Establishing Marketable Title

In part, 16 O.S. § 67 provides that a person who claims a severed mineral interest, through an affidavit of death and heirship recorded pursuant to 16 O.S. §§ 82 and 83, shall not acquire marketable title until ten (10) years after the recording of an affidavit that satisfies Part C of Section 67.

Authority: 16 O.S. §§ 53, 67, 82, and 83.

Comment 1: The term "severed mineral interest" is not defined in the Simplification of Land Titles Act although it is in the Marketable Record Title Act. Thus, while the statute explicitly states that it applies to a severed mineral interest, its application to leasehold interests (i.e. working interest, overriding royalty interests, etc.) has not been determined.

Comment 2: 16 O.S. §§ 82 and 83 provide that such an affidavit creates a rebuttable presumption that the facts stated in the recorded affidavit are true as they relate to the severed minerals.

Comment 3: Pursuant to 16 O.S. §§ 67, 82 and 83, the affidavit must contain sufficient factual information to make a proper determination of heirship. Such factual information typically includes the date of death of the decedent, a copy of the death certificate, marital history of the decedent, names and dates of death of all spouses, a listing of all children of the decedent including any adopted children, identity of the other parent of all children of the decedent, the date of death of any deceased children and the identity of the deceased child's spouse and issue, if any. Pursuant to 16 O.S. §§ 84, the affidavit shall include the legal description of the land covered by the affidavit. If an affidavit fails to include factual information necessary to make a proper determination of heirship, the examiner should call for a new affidavit that contains the additional facts necessary for a proper determination of heirship. If a new or corrected affidavit is filed, the statutory 10-year period would run from the date of recordation of the new or corrected affidavit.

Comment 4: Title 16 O.S. § 67 does not address the effect on title of an unprobated will attached to the affidavit. Oklahoma cases have held that until a will is admitted to probate, it is wholly ineffectual to pass title to real property, including any mineral or leasehold interest, and a devisee has no right to enforce any provisions of said will. Oklahoma cases have also held that there is no time limit within which a petition for probate of a will must or can be filed. A will that has been probated in another jurisdiction but has not been probated in Oklahoma is ineffective to establish any interest or title in the persons claiming thereunder without proper Oklahoma proceedings. As a result, there is uncertainty regarding the legal effect of the attached will. See also Yeldell v. Moore, 1954 OK 260; 275 P.2d 281.

The 2021 Title Examination Standards Sub-Committee of the Real Property Law Section recommended a new Standard 3.2.1 be included to assist title examiners with the application of an affidavit of heirship regarding severed mineral interests. The Real Property Section approved the proposal, and the House of Delegates adopted the new amendment on November 12, 2021.

The 2025 Title Examination Standards Sub-Committee of the Real Property Law Section recommended adding Yeldell v. Moore, 1954 OK 260; 275 P.2d 281 as authority to Comment 4. The Real Property Section approved the proposal, and the House of Delegates adopted the new amendment on November 7, 2025. (Superseded document available).