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OK HB1319

Bill

Status

Passed

5/11/2010

Primary Sponsor

Jerry Shoemake

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Amends 16 O.S. Section 67 to allow persons claiming severed mineral interests through recorded affidavits of death and heirship to acquire valid and marketable title after 10 years, provided the affidavit meets specified requirements including statement that decedent died without probate or that the interest was omitted from probate.

  • Requires affidavits of death and heirship to list decedent's heirs and their relationships, state the affiant's relationship or personal knowledge, and remain uncontradicted by conflicting instruments filed during the 10-year recording period.

  • Modifies 58 O.S. Section 393 to allow filing of affidavits of death and heirship with county clerks for severed mineral interests, creating a rebuttable presumption that facts in the recorded affidavit regarding the mineral interest, death, and heirship are true.

  • Applies these provisions to affidavits recorded before November 1, 1999, with the 10-year period not expiring until one year after that date for previously recorded affidavits.

  • Declares an emergency, making the act effective upon passage and approval.

Legislative Description

Probate procedure; providing for conveyance of certain mineral interest; requiring court clerks to accept certain affidavits as conveyances. Emergency.

Counties

Last Action

Approved by Governor 05/10/2010

5/11/2010

Committee Referrals

Judiciary2/3/2009

Full Bill Text

No bill text available