Title to real property owned by the deceased party passes either by testate succession (with a probated Last Will and Testament) or by intestate succession (without a Will). In the absence of a Will, or if the Will has not been probated, title to real property passes according to the Laws of Descent and Distribution for the state in which the wells are located, and not the state of residence.
Depending on the circumstances, please provide the following documentation in the event of a deceased owner:
Testate (probated Will)
Copy of PROBATED Last Will and Testament, with Certificate of Filing containing Probate File number from Probate Court
Letters Testamentary naming the Executor
Determination of Heirship, Judgment of Possession or other probate documents, if appropriate
Final Decree of Distribution, if appropriate
Proof that debts and inheritance taxes have been paid
Recorded deed, if appropriate, to beneficiaries
Addresses and Social Security/Tax ID numbers for each party inheriting
Record a certified copy of the Will & Probate in the County/Parish where the wells are located OR provide documentation of ancillary probate proceedings in the state where the wells are located
Intestate (without a Will/or when a Will is not probated)
Heirship Affidavit. Please note that we cannot accept Heirship Affidavits completed by direct family members (those with a beneficial interest) of the deceased owner
Affidavits must be recorded in the County/Parish where the wells/property are located.