How to Fight the Oil Companies About Heirship

The owner of mineral rights generally passes on his/her legacy at the time of death. Oftentimes, the oil or gas company is not aware the owner is deceased, and will continue to make checks payable to the owner. Time is crucial and the company should receive notification as soon as possible to prevent a capital loss to any heirs.

1. Obtain paperwork which proves your legal right to become a beneficiary of the mineral rights. You need the death certificate, your birth certificate, a will stating the declaration of heir ownership to you, your government issued ID and any documents proving you are related to the deceased.


2. Locate the Division Order and determine your percentage to the mineral rights. Sometimes the deceased allocates the heirship to more than one beneficiary. The oil or gas company is then able to provide this to you, but it may take longer than locating the documents yourself. Remember, without the Division Order your task of proving your percentage may be difficult..


3. Contact the court in the location of the minerals. You then need to file the appropriate paperwork to give notice of your claim. Usually an Affidavit of Death and Heirship is required.


4. Send copies of your documents to the oil/gas company via certified mail. This proves an heirship claim. You must also request payment of royalties.


5. Respond to the documents the oil company sends backand send them back as soon as possible. Make copies of the forms and keep the copies with your original paperwork.


6. Contact the company directly if royalty payments do not begin within 60 days of mailing your certified letter. If they are still unresponsive, find legal representation. Depending on your financial circumstances, legal aid may be available at no cost.