Mineral estates in Oklahoma are generally subject to the same collection of laws governing real property as surface estates. For example, 84 O.S. § 213 governs the descent and distribution of property of estates located within the State of Oklahoma, including mineral interests. Laws governing real property and succession typically go hand-in-hand and are ideally yoked to accomplish one thing: marketable title.
In a previous post, we discussed H.R. 2606, the bill that amends the Act of August 4, 1947 (61 Stat. 731) (commonly known as the Stigler Act). The Stigler Act governs restrictions upon alienation of surface and mineral interests in lands inherited by lineal descendants by blood of allottees of the "Five Civilized Tribes." The Five Tribes were forcibly removed to Indian Territory, and resettled on lands located within the geographical boundaries of what is now the State of Oklahoma.