National Association of Division Order Analysts January / February / March 2026
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THIS IS AN ADVERTISEMENT
Omni Las Colinas Hotel - Las Colinas, Texas 2026 NADOA Institute September 8 - 11
Volume MMXXVI • No 1
www.NADOA.org
Contents Feature
Articles
NADOA 2026 Officers President Jean Hinton 1st Vice President Armando Lopez 2nd Vice President Gordon Gallet Treasurer Iris Alcantara Corresponding Secretary Somchay Fairbanks, CDOA Recording Secretary Nicole Dwire, CDOA
Membership Recognition.....................................................................5 Legal Updates Simplifying Oklahoma Mineral Titles / Cline vs Sunoco......13 The Texas Dominion Statute........................................................18 National Niche FERC Data Center Order...............................................................26 AI and the DO Analyst..........................................................................27
In This
The NADOA News Magazine is a quarterly publication of the National Association of Division
Issue
Order Analysts P O Box 1656 Palm Harbor, FL 34682
President’s Corner...................................................................................1 Decimal Points..........................................................................................2 Cobwebs...................................................................................................... .3 Certification............................................................................................... 4 2027 Board Nominations......................................................................6 New Members............................................................................................7 2026 Institute Information...................................................................9 Counterpart Connection.....................................................................30 2026 NADOA Board & Committee Chairs....................................39 Calendar of Events................................................................................40
Subscription: By membership to NADOA, at $100.00 per year. News Magazine Editor Melanie White, CDOA magazine@nadoa.org
Graphic Design, Paul Beach
On the Cover: The Omni Las Colinas Hotel Photo Courtesy of The Omni Las Colinas Hotel
All rights reserved. No part of this publication may be reproduced/copied without written permission. Editorial disclaimer: The contents of this newsletter are intended for member use only and any other use without permission from the NADOA Board of Directors is strictly prohibited. Articles published herein represent the view of the authors; publication neither implies approval of the opinions expressed nor accuracy of the facts stated and NADOA accepts no liability for misprints.
President’s
Corner
Jean Hinton 2026 NADOA President
Dear NADOA Members, I am honored to serve as your NADOA President for 2026 and excited to work on behalf of you— the members. Your feedback has been invaluable, and this year we will implement several changes based on your comments. Some of these adjustments will feel new and different, but if we don’t try, we’ll never know what truly resonates with our membership. As the United States celebrates its 250th anniversary, NADOA will proudly mark its 53rd year. To continue thriving, we must embrace change, recruit new members, and encourage involvement— whether through our local or national associations, running for local or national office, or volunteering for the Institute Committee. 2026 Institute Details This year’s Institute will be held at the Omni Las Colinas Hotel in Las Colinas, Texas , chaired by Gordon Gallet and Iris Alcantara . Volunteers are still needed—please reach out if you’d like to help! Here’s what’s new: • Labor Day Monday kicks off the week, so consider arriving early to enjoy the Irving area for a family vacation or personal getaway. (BTW the Omni has a great pool and cabana area with great views of the water) • Conference classes will be held Wednesday and Thursday , with additional education opportunities on Friday . • Conference sessions for vendors to demonstrate their software and or communicate as to their services. • Wednesday evening : A welcome and networking reception—something you requested in surveys—to connect with colleagues and meet new faces. • Thursday closing session : More than a wrap-up—it will be a major celebration of YOU and NADOA! • Friday : Additional classes and we are working on the logistics for a full Industry Golf Tournament open to anyone in the area. No golf skills required—just come for fun! If golf doesn’t work out, we will be exploring another type of fun activity for members. These changes reflect your requests for more social time and opportunities to explore the area. While Labor Day posed some scheduling challenges, we’re confident these updates will make the Institute more engaging. Looking Ahead The Board will also review and update our By-Laws in 2026. If you have suggestions for additions, revisions, or removals, please email me at jean_hinton@oxy.com . Your voice matters—reach out. Together, we’ll keep NADOA strong and relevant. I look forward to celebrating with you in September at Las Colinas. Let’s make 2026 a year of growth, connection, and success! See you in Las Colinas!
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NADOA
Decimal Points
Regional Reporters
2026 News Magazine Deadlines
Second Quarter......May 22 (Q2)/June 16 (SIE) Third Quarter..............................September 18 Fourth Quarter.............................November 13
ABADOA
Steptoe & Johnson PLLC Ryan.daniels@steptoe-johnson.com
CAPDOA
OPEN
DADOA
Sandi Rupprecht sandi.rupprecht@steptoe-johnson.com
DALWORTH Debra Davis
NADOA online Job Bank has new postings. Visit: https://nadoa.wildapricot.org/page-662233 ADVERTISE WITH NADOA Advertising in the NADOA Newsmagazine is a great way to get your business name out to NADOA members. Contact Cheryl Hampton at champton@limerockresources.com for details.
ddavis@adamas.com
HADOA
Emily Sheffield esheffield@oglawyers.com
PBADOA
OPEN
SADOA
Dena Blevins dblevins@frontierland.net
Arkansas
OPEN
Kansas
Amy Flaming Amy.flaming@chsinc.com Kimberly A. Backman kbackman@crowleyfleck.com Zachary P. Oliva zoliva@oglawyers.com Margaret Patton mpatton@pattonfirm.com
North Dakota
2026 News Magazine Team
New Mexico
Louisiana
If you have a suggestion for someone to act as a Regional Reporter to help NADOA keep abreast of current legislation and legal issues for a region, please submit the name or name of the firm to magazine@nadoa.org . Be sure to keep your NADOA directory information up to date. With the many changes happening in our industry and the world, staying connected with professional contacts and taking full advantage of the educational opportunities NADOA membership offers has never been more crucial.
Melanie White, CDOA Editor
Susan Bradley, CDOA Associate Editor
Cheryl Hampton Associate Editor, Advertising
Sara Buck Associate Editor
Somchay Fairbanks, CDOA Associate Editor
Stephanie Moore, CDOA Associate Editor
Rona Erickson, CDOA Advisor
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Cob Webs
found at: https://nadoa.org/news-events/ The webinar committee is looking for volunteers. Opportunities include: creating webinar flyers, contacting speakers before a webinar event to obtain biographies and presentations, and helping modernize NADOA’s GoToWebinar site. Please email webinars@nadoa.org if you are interested. Steptoe & Johnson PLLC – Visit: https://www.steptoe-johnson.com and click on News for details. The Steptoe webcasts are recorded: to access previously recorded webcasts, go to www.Steptoe- Johnson.com and enter Webcasts in the search feature. Oliva Gibbs LLP – Energy Education Series: Visit: www.oglawyers.com/ events for further information. NARO – Visit: https://www.naro-us.org/events/list for webinar schedule. If you are aware of other educational webinars, please advise the NADOA News Magazine of details to be added to the Calendar of Events ( magazine@nadoa.org ).
Educational webinars can be approved for 1 (one) CDOA certification point. NADOA webinars, Steptoe & Johnson
PLLC webcasts and Oliva Gibbs LLP webinars are pre-approved. Please check the certification page to determine if other webinars are pre-approved or need to be submitted for approval to the NADOA Certification Committee. Contact the CDOA committee to obtain pre-approvals at cdoa@nadoa . org. Certification points should only be applied for after completing the event. If you are unable to attend an event due to unforeseen circumstances, it is an ethics violation to apply for the credit. NADOA – Webinar information and registration links will be posted on the website ( www.nadoa.org ). Webinars are free for NADOA members and $15.00 for non-members. NADOA members may use the following link to log in and register for upcoming webinars, as well as listen to previously recorded webinars https://nadoa.wildapricot.org/ page-1709226 or by using the Webinar link in the Members Only section on the homepage. Please send suggestions for NADOA webinar topics/ speakers to webinars@nadoa.org . Details for upcoming NADOA Webinars can be
Is your company’s server blocking NADOA emails? Do you have issues logging into the NADOA website? Download the Wild Apricot for Members
WILD APRICOT
App to see your NADOA membership details, get quick access to the NADOA Membership Directory or register for NADOA events.
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CANDIDATES FOR CERTIFICATION Publication of the following Certified Division Order Analyst applicant(s) fulfills the requirement as stated in the Voluntary Certification Policy, III C.2, which states: …applicant’s name will be published in the NADOA Newsletter or other official publication of NADOA. This allows the NADOA membership an opportunity to present objections to the certification of the applicant. Any objection to the certification of the applicant must be in writing and signed by a NADOA member or non-member who qualifies his knowledge and objection of the applicant. All such letters will be considered confidential and must be received by the NADOA Certification Committee at the following address within thirty (30) days following the last day of the month in which the Newsletter or other official publication of NADOA was published: NADOA Certification Committee P O Box 1656 Palm Harbor, FL 34682 If the objection warrants denial of the certification or temporary withholding of certification, the applicant will be notified by Certified Mail. CANDIDATES FOR RECERTIFICATION
Brittany Kay Brown – Oklahoma City, OK Chasta Renae Butler – Oklahoma City, OK Connie E. Wilcoxson – Rockwall, TX Debbie Gay Wortham – Tulsa, OK Debra L. Heckman – Houston, TX Dorena K. Garza – Houston, TX Edward B. Rielly – Cypress, TX Esther Cardwell – Oklahoma City, OK Katherine (Kathy) Mary Cloud – Houston, TX
Kelly Sandoval – Castle Rock, CO Kimberly Greenland – Denver, CO Kyle T. Fogarty – Spring, TX Lauretta Randle – Shreveport, LA Margaret Ann Lopez – Houston, TX Scott Ryan Hill – Oklahoma City, OK Shelby D. Watson – Houston, TX Stephanie Dawn Moore - Willis, TX
2026 CDOA Committee
Shirley Smith, CDOA – Policies/Forms (Midland Metro) Tanya Almon, CDOA – Account Audits (Evansville Metro)
Sonya Turner, CDOA – Committee Liaison/Chair (Tulsa Metro) Connie Wilcoxson, CDOA – Recertifications (Dallas Metro) Amber Croisant, CDOA – Email Management (Oklahoma City Metro)
If you have any questions or situations we can help with, please contact us at cdoa@nadoa.org.
Melinda (Mindy) Warren, CDOA – Credit Approvals (Midland Metro) Janet Cavanah, CDOA – Credits Approvals (Tulsa Metro) Nora Marquez, CDOA – Testing (Houston Metro) Dorena Garza, CDOA – New Applications (Houston Metro)
Avoid headaches from explaining the ins and outs of royalty ownership to your interest owners... ...Let us help! National Association of Royalty Owners PO Box 131090, Spring, TX 77393 www.naro-us.org Phone: 918-794-1660
• Fact-filled pamphlets and books • Royalty management seminars • Royalty owner helpline • Website education resources
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2026 Nomination Form for NADOA Membership Recognition
Do you have a Mentor, Trainer, Speaker or Company you feel deserves a pat on the back for all they do? Nominate them for one of the awards below!! Please detail the nominee’s involvement in NADOA, the services they have performed and/or contributions they have made on a separate sheet. I would like to nominate _____________________________________________________ for the Ellis Rudy Memorial Lifetime Achievement Award. This award is presented to the NADOA member who has exemplified the Division Order Profession through demonstrated leadership contributions to the industry and the profession during his/her career. I would like to nominate _____________________________________________________ for the NADOA Membership Recognition Corporate Award. Presented to the group or company that has contributed to NADOA’s growth and development, the Division Order profession, and/or the industry during the past year. I would like to nominate _____________________________________________________ for the NADOA Membership Recognition Award for Education. This award is presented to the NADOA member who has dedicated their time and service to the betterment of Division Order Professionals through influence and mentorship. I would like to nominate _____________________________________________________ for the NADOA Membership Recognition Award for Interaction. This award is presented to the NADOA member or affiliated organization who has had a positive community impact and extraordinary service and dedication in leading and promoting the Division Order profession. I would like to nominate _____________________________________________________ for the Russell Schetroma Memorial Speaker’s Award. This award is presented to an individual who has contributed to NADOA’s growth and development by speaking, educating, and sharing knowledge on numerous occasions to the NADOA Membership, the Division Order profession, and/or the industry during the past year. I would like to nominate _____________________________________________________ for the NADOA Membership Member of the Year. This award is presented to a member of NADOA who has gone above and beyond to promote the Division Order profession, and the NADOA Organization to his/her co-workers and to others in the industry. _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________
G rowth T hrough E ducat i on - J anuary / F ebruary / M arch 2026 Send nominations to: Member Recognition Awards Committee, c/o Cheryl Hampton champton@limerockresources.com Nominations will be accepted through June 1, 2026 Signature ______________________________________________________ ____________ Please print name _____________________________________________________________ Address ________________________________________________________________________
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ELECTION SEASON IS HERE LOOKING FOR CANDIDATES
NADOA BOARD POSITIONS : 2 ND VICE PRESIDENT
TREASURER (2 YR TERM ) RECORDING SECRETARY CORRESPONDING SECRETARY
Contact: Kimberly Bowman by June 1, 2026 kbowman@finleyresources.com For more details on positions, log in to NADOA.org/Publications/Bylaws
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NADOA Welcomes The Following New Members:
Ascent Resources Allison Turley
Dugan Production Corporation Kristen Gutierrez-Welch
Freehold Royalties Ltd. Danielle Hudson
Citation Oil & Gas CORP Ruth King
Embark
Grenadier Energy III LLC Amanda Flores
Ashley Ferguson Erica Haney
ConocoPhillips
GBK International Group, LTD Gib Knight
Kayce Bennett Ashley Smith Kelly Murdock
Embark Consulting Abi Guerrero
GulfMark Energy
EQT Corporation Brett McDaniel Jamie Rider
Julie Viera-Clarke
Continental Resources Uzziel Fierro Yanjun Zhou
Gulfport Energy Corporation LaTaisha Thompson
Expand Energy Jack Wells
CNX Resources Corporation Christopher Elswick
NW Oklahoma Land, LLC George Huston
The Ellis Rudy Memorial Scholarship has a new name for 2026. The Rudy Family Memorial Scholarship . This Scholarship will be available for individuals looking for assistance to attend the 2026 NADOA Annual Institute at the Omni Las Colinas Hotel in Las Colinas, TX. This scholarship does not cover the full cost of the institute. It will cover registration. If you receive a scholarship, please be available to volunteer during the Institute. Please see form posted in NADOA magazine or contact Vicki Danielson. vdanielson@att.net
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volunteer during the Institute. To apply, please complete and submit the below form by April 15, 2026 , or contact Vicki Danielson for further information vdanielson@att.net. RUDY FAMILY MEMORIAL SCHOLARSHIP What is the nature of your financial need? o Unemployment o No Company Support o Other _____________________ How many years have you worked in Division Orders?
o 1-4 o 5-9 o 10-14 o 15+ What do you most want to get from Institute? o Education o Networking
Name____________________________________________ Email_____________________________________________ Phone____________________________________________ Date_____________________________________________
o Leadership training through volunteering o Other ______________________________ Write a short paragraph on why you would be a good candidate for the scholarship: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ The Rudy Family Memorial Scholarship will be available for individuals looking for assistance to attend the 2026 Annual Institute in Irving, TX at The Omni Las Colinas Hotel. This scholarship does not cover the full cost of Institute. It will cover registration. If you receive a scholarship, please be available to volunteer during the Institute. To apply, please complete and submit the below form by April 15, 2026 , or contact Vicki Danielson for further information vdanielson@att.net. What is the nature of your financial need? o Unemployment o No Company Support
o Other _______________________________
How many years have you worked in Division Orders? o 1-4 o 5-9 o 10-14 o 15+ What do you most want to get from Institute? o Education o Networking
o Leadership training through volunteering o Other ______________________________
Write a short paragraph on why you would be a good candidate for the scholarship: ____________________ ________________________________________________________________________________ ________________________________________________________________________________ _______________________________________________________________________________
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NADOA
Institute
2026 NADOA Institute Announces Schedule Enhancements in Las Colinas The 2026 NADOA Institute returns to the Omni Las Colinas this September with a streamlined schedule designed to maximize educational value and professional engagement for Division Order professionals. Registration opens Tuesday afternoon, giving attendees time to arrive, check in, and reconnect before the program begins. Wednesday Now a Full Day of Classes A key update for 2026 is the expansion of Wednesday into a full instructional day. The Institute will officially open Wednesday morning with a breakfast session, followed by a complete day of educational programming. In prior years, Wednesday sessions were more limited. The revised format now provides two full days of structured instruction on Wednesday, September 9, and Thursday, September 10. Sessions will address current industry issues, including regulatory developments, compliance management, operational best practices, payment and title considerations, and process efficiency—all with an
Excel training, and CDOA testing support will now take place Friday morning rather than earlier in the week. This adjustment creates a more logical flow: two dedicated days of core education followed by focused training and certification support to close out the Institute. Networking Opportunities
Professional connection remains a central component of the Institute experience: ●
Wednesday Evening: Networking Happy Hour (details forthcoming)
● ●
Thursday Evening: Closing Party
Friday: Golf Tournament These events provide valuable opportunities to strengthen industry relationships and foster collaboration within the Division Order community. Institute Coordinators The 2026 NADOA Institute is coordinated by: Gordon Gallet Iris Alcantara gordon@elkrange.com iris_alcantara@oxy.com With an expanded Wednesday schedule and a restructured program flow, the 2026 NADOA Institute builds on tradition while delivering a more efficient and impactful experience. Join us in Las Colinas this September 8-11, 2026.
emphasis on practical application. Friday Morning Realignment
Another important change is the relocation of specialized programming. Unclaimed Property,
GREETERS NEEDED! September 8–11, 2026 Omni Las Colinas , Las Colinas, Texas
Volunteering is a great way to meet fellow NADOA members while giving back to your organization. Greeters help welcome attendees, provide directions, and create a friendly first impression for the conference. If you would like to volunteer, please contact: ● Sonya Turner – STurner@famersnational.com ● Amanda Lynch – ALynch@gulfportenergy.com
We look forward to meeting you in Las Colinas !
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Support NADOA’s 2026 Annual Institute in Las Colinas! Be a Part of the Fun — Donate Door Prizes! Why Donate? ● Showcase your company’s generosity ● Gain recognition ● Support NADOA in fostering connections within the oil and gas community ● Popular Ideas: ● Gift cards ● Electronics (Bluetooth speakers, earbuds, gadgets) ● Texas-themed goodies ● Event tickets September 8–11, 2026 Omni Las Colinas Las Colinas, Texas Let’s make the 2026 Institute unforgettable! Contact Us! Michelle Davila michelle_davila@opgresources.com Quint Withers quint@mcgowanwp.com
Golf Tournament
If you are looking for something fun to do after the NADOA Conference, why not sign up for our golf tournament? We are looking at several courses close to the Omni Hotel at Las Colinas, Las Colinas, TX. This tournament is for all levels of players. You do not have to be a member of NADOA to sign up! As soon as we have all the details, we will send out information. Vicki Danielson – Golf Tournament Coordinator
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NADOA 2026 ANNUAL EDUCATIONAL INSTITUTE Omni Las Colinas Hotel - Las Colinas, TX September 8 - 11, 2026
SPONSOR DONATION FORM
Donation Form Link
Thank you for your sponsorship. Your donations help with the cost of our speakers, hospitality functions, conference publications, including a compilation of our speakers’ presentations, as well as to cover general fund-administrative costs. We have attached suggested contribution levels. However, please keep in mind that these are suggestions – all contributions will be recognized. This financial support helps reduce the costs to all attendees and allows NADOA to present a professional, quality educational event . If you would like to apply your sponsorship to a specific category, you may indicate that preference below.
CATEGORY
AMOUNT
General Donation (includes administrative costs, door prizes, etc.) Education / Speaker Hospitality Functions Publications Golf Tournament
SPONSOR INFORMATION
Company Address
City, State, Zip Email Address Phone Number Contact Person
To assure that your name will be published in the NADOA Institute Brochure, please return your donation, along with this form, to NADOA no later than June 15, 2026. Corporate sponsorships received after this date will be published in subsequent publications. PLEASE RETURN THE FORM AND CONTRIBUTION TO: NADOA PO BOX 1656 Palm Harbor FL 34682 For questions, please contact:
Vicki Danielson
Melissa Fontana Corporate Donations, Co-Chair
Debra Davis
Corporate Donations, Co-Chair
Corporate Donations, Co-Chair
vdanielson@att.net
mmfontana1104@att.net
ddavis@adamas.com
713-417-7330
281-770-4827
214-738-8215
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Donation Categories
$10,000+ - American Flag - Celebrate & Lead the American Way
$5,000-$9,999 - Lady Liberty – Standing Tall for Education
$3,500-$4,999 - Bald Eagle – Soaring with knowledge and education
$2,000-$3,499 - White House – Leader in Energy and Education
$1,000-$1,999 - US Capitol – Pillar of Strength, Knowledge and Leadership
$500-$999 - Liberty Bell – Ringing in for Freedom and Learning.
Up to $499 - Mt Rushmore – Stoic Leadership in Education and Energy.
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Omni Las Colinas Hotel - Las Colinas, Texas 2026 NADOA Institute September 8 - 11
Legal
Updates Articles are not intended to be and should not be relied upon as legal advice or to establish any kind of an attorney-client relationship with the author.
Simplifying Oklahoma Mineral Titles: Using Heirship Affidavits to Avoid Costly PRSA Interest on Suspended Royalties
The historic Cline v. Sunoco, Inc. 1 decision in 2020 (affirmed in key respects by the 10 th Circuit
The PRSA mandates timely payment of royalty proceeds to interest owners. When payments are delayed or suspended, the Act imposes interest to compensate owners and incentivize prompt distribution. Specifically: ● • If title is marketable, suspended proceeds earn interest at 12% per annum, compounded annually. 3 ● • If title is not marketable, the lower rate applies (tied to the prime rate as reported by the Wall Street Journal, effective November 1, 2018) until marketability is established. 4 1 479 F. Supp. 3d 1148 (E.D. Okla. 2020). On appeal the punitive damage award was disallowed, and the actual damages were adjusted from $75 million to approximately $103 million. See, Cline v. Sunoco, Inc., No. 23-7090, 2025 WL 3199871 (10th Cir. Nov. 17, 2025).
in 2025) highlighted a vulnerability in the Oklahoma oil and gas industry: the proper handling of suspended royalties under the Production Revenue Standards Act (PRSA). 2 This article explores a proven, uniquely Oklahoma strategy to address that vulnerability—using heirship affidavits to establish presumptive or conclusive marketability for severed mineral interests acquired from a decedent, thereby minimizing liability, avoiding unnecessary suspensions, and streamlining timely payments. Cline v. Sunoco Exposed: Automatic Interest Penalties and the Push for Timely Payments
2 52 O.S. 570.1–570.15. 3 52 O.S. § 570.10(D)(1). 4 52 O.S. § 570.10(D)(2)
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accompanying Comment states: Marketable title is a title free of adverse claims, liens and defects that are apparent from the record. Any objections should be reasonable and not based on speculation. 10 The title standard assures a title free from reasonable doubt, but not from every doubt . 11 Speculative or overly cautious concerns without solid factual basis do not impair marketability, thereby supporting the reliable transfer of real property titles in Oklahoma. 12 However, as will be demonstrated, the Oklahoma Title Examination Standards do not 5 Cline , 479 F. Supp. 3d 1148 at 1157 citing Krug v. Helmerich & Payne, Inc. , 2015 OK 74, 362 P.3d 205. In Oklahoma, the oil industry has engaged in abusive practices where producers or first purchasers often withheld royalty payments from owners for extended periods. For decades, these entities would delay or decline distributing proceeds from oil and gas sales, citing reasons like title defects or the inability to locate owners, but often without making reasonable efforts to resolve these issues. This practice allowed them to benefit from the interest earned on these funds during the delay, particularly lucrative during times of high interest rates in the late 1970s and early 1980s, leading to significant litigation as owners fought to receive their rightful payments in a timely manner. See , 2015 OK AG 6, ¶1-¶4. 6 The Cline court explained: When Sunoco pays owners late, it does not automatically pay statutory interest. . . . Sunoco only pays statutory interest when specifically requested by an owner. . . . Although Sunoco knows that it owes interest on late payments under the PRSA, it takes the position that the statute does not set forth a due date; in other words, the debt never becomes due. Sunoco takes this position based on industry practice and the advice of counsel. Cline., 479 F. Supp. 3d at 1160. 7 Sunoco argued that it had a good faith belief that it did not have to pay interest automatically based in large part on industry practice. Cline, 479 F. Supp. 3d at 1178. However, the court in a scathing rebuke to industry practice and bad lawyer advice stated: As thousands of mothers have told their children, the fact that everyone does something does not make it right. Here, an industry (apparently supported by its lawyers) decided that it owes interest that it never has to pay. This myopic group-think does not excuse keeping millions of dollars of other people’s money. Id. at 1179. 8 52 O.S. § 570.10. 9 Oklahoma Title Examination Standards §1.1. 10 Id. 11 See generally, Paul E. Basye, Clearing Land Titles § 4 (2nd ed 1970) (Marketability and Its Appraisal) 12 Id. fn. 12, citing, In Delnay v. Woodruff, 221, N.W. 614 at 1928, (the court said: The objection that a title is defective should have some reasonable foundation of fact. A mere aversion to taking property as security, the title to which is subject to some captious doubt or the remote and improbable possibility of litigation, is not enough. Even the opinion of counsel that a title is bad is not sufficient, if in fact erroneous, to raise such a doubt as will render a title unmarketable.)
As explained in Cline, [t]he Oklahoma Legislature adopted the prompt payment rule [under the PRSA] because of abusive practices by the oil industry, which frequently withheld payments from owners for a long time. 5 However, it appeared little had changed since the enactment of the PRSA. Before Cline , it was still the industry-wide practice to withhold interest on late royalty payments until such interest was specifically requested by an owner. 6 After Cline , Oklahoma law requires automatic interest for late payment of proceeds. 7 Here, we focus on one uniquely Oklahoma method of using an affidavit of heirship, recorded ten (10) or more years, to acquire marketable title to a severed mineral interest—without the need for a formal probate of the decedent’s estate. Additionally, we will examine the effect on marketable title of using same affidavit but recorded for less than ten (10) years, for purposes of paying royalties and avoiding automatic interest penalties under the PRSA. Marketable Title Defined Crucially, the PRSA provides that marketability of title shall be determined in accordance with the then current title examination standards of the Oklahoma Bar Association. 8 These standards—regularly updated by the Oklahoma Bar Association’s Title Examination Standards Committee—serve as the authoritative benchmark for title examiners, operators, and courts when assessing whether title defects justify suspending payments. In the wake of Cline –and resulting scrutiny of royalty payment practice—Oklahoma oil and gas title examiners face heightened pressure to apply consistent, defensible standards when evaluating the marketability of title. Inconsistent or overly cautious determinations can expose operators to significant interest liability for suspending otherwise presumptively marketable royalty proceeds. The Oklahoma Title Standards define a marketable title as . . . one free from apparent defects, grave doubts and litigious uncertainty, and consists of both legal and equitable title fairly deducible of record. 9 Furthermore, the
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always provide a clear answer in every situation. When faced with inconsistent or conflicting approaches, examiners should note that in the opinion of the Oklahoma attorney general, where there is a conflict between a title examination standard promulgated by the Oklahoma Bar Association and the Oklahoma Statutes, the statutory provisions set out by the Legislature shall prevail. 13 Title Examiners and Inconsistent Approaches In many cases this is easier said than done— for in the field of oil and gas title examination, few concepts generate as much debate and variability in practice as the determination of marketable title. In practice, where clear title standards are lacking, examiners rarely reach uniform conclusions on marketability, owing to the inherently subjective nature of appraising title risks, where reasonable minds may differ. 14 Consequently, as Kraettli Q. Epperson (a longstanding and respected member of the Oklahoma Title Examination Standards Committee) rightly noted, Oklahoma title standards were developed – to minimize title transaction delays and disputes arising from differing approaches and attitudes between different examiners. 15 However, in this case the Oklahoma Title Examination Standards express alternative approaches regarding marketable title to severed mineral interests claimed under an heirship affidavit. 16 Examiners, therefore, must also rely on Oklahoma’s statutes and case law in such matters— leaving room for legitimate professional variation. Consequently, examiners historically adopt a conservative stance, erring on the side of caution to safeguard professional integrity and minimize liability exposure. This caution often results in the overemphasis of remote defects or improbable contingencies. 17 This conservatism is understandable— and often prudent—in an area where a single overlooked irregularity could lead to litigation or title rejection. Yet it can also impose unnecessary burdens on royalty payments post- Cline , where the presumptively marketable test may be all
that is required under the PRSA; rather than the more conservative conclusively marketable test established under the ten (10) year rule in the Simplification of Land Titles Act. 18 Establishing Marketable Title to Severed Mineral Interest from Decedent Affidavit of Heirship Regarding Severed Mineral Interests of Record for Ten Years: Under Section 67 of Oklahoma’s Simplification of Land Titles Act (the Act) 19 a claimant to a severed mineral interest (immediately or remotely through a decedent) may establish valid and marketable title to that interest via a recorded affidavit of death and heirship pursuant to Sections 82 and 83. This statute provides a curative mechanism specifically for severed minerals (not leasehold interests such as working interests or overriding royalties) , allowing title to become marketable against adverse claimants after ten (10) years of record, provided all conditions in subsection C are satisfied. To qualify for marketable title under this provision, the affidavit (or a recital of death and heirship in a recorded title transaction) must meet these five requirements: 1. State that the decedent died intestate, or if testate, that the will was never probated in Oklahoma (with a copy attached); 2. List the names of the decedent’s heirs and their relationships to the decedent; 3. Affirm that the maker is related to the 13 Okl. A.G. Opin. No. 79-230. 14 Paul E. Basye, Clearing Land Titles § 4 (2nd ed 1970). 15 Kraettli Q. Epperson, Oklahoma Title Examination Standards: Providing Guidance Since 1946, https://www.okbar.org/ barjournal/june-2024/oklahoma-title-examination-standards- providing-guidance-since-1946/#_edn9 16 Oklahoma Title Examination Standards §§ 3.2 and 3.2.1. 17 Id. Paul E. Basye, Clearing Land Titles § 4 (2nd ed 1970). 18 Oklahoma Title Examination Standards §§ 29.1-29.6 (Stating the Simplification of Land Titles Act, 16 O.S. §§ 61-63, 66, . . . is remedial in character and should be relied upon with respect to such claims or imperfections of title as fall within its scope.) 19 Simplification of Land Titles Act, 16 O.S. §§ 61-68.
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decedent or otherwise has personal knowledge of the facts stated; 4. Have been recorded for at least ten (10) years in the county clerk’s office where the real property (and thus the severed minerals) is located; and 5. During that ten-year period, no instrument inconsistent with the heirship alleged in the affidavit or recital has been filed of record in that county. 20 Oklahoma Bar Association Title Examination Standards (particularly Standard 3.2 and the dedicated Standard 3.2.1) emphasize that while affidavits generally cannot substitute for probate or estate administration (except as expressly allowed under Section 67 for severed minerals), they create a rebuttable presumption of truth under Sections 82 and 83 regarding the facts stated as to severed minerals. Special caution applies when an un-probated will is attached: Oklahoma case law (e.g., Yeldell v. Moore , 1954 OK 260, 275 P.2d 281) holds that an un-probated will is ineffectual to pass title to real property or minerals until admitted to probate in Oklahoma; foreign probates without Oklahoma ancillary proceedings are similarly ineffective. Thus, if a will exists, probate is strongly recommended to avoid uncertainty. 21 This procedure promotes marketability for severed mineral interests by allowing reliance on long-recorded affidavits that remain unchallenged, reducing the need for full probate in many cases. The Title Examination Standards—nevertheless— strongly recommend probate or judicial determination of heirship during the ten-year ripening period for maximum certainty. 22 However, as demonstrated next, an oil and gas title lawyer requiring an administration of the estate or a judicial determination of death and heirship during the ten (10) year period before the title becomes marketable—may inadvertently be exposing the client to liability under the PRSA for improperly suspending royalty payments. Affidavit of Heirship Regarding Severed Mineral Interests of Record for Less Than Ten Years: Stated another way, it may be said that title
claimed under an affidavit of heirship regarding a severed mineral interest of record for ten (10) or more years is conclusively marketable under Section 67 of the Simplification of Land Titles Act. However, title under the same affidavit of record for less than ten (10) years is presumptively marketable under Sections 82 and 83 of the Act. 23 The statutory framework, therefore, creates two approaches for determining marketable title, as to severed mineral interests, for purposes of paying royalty under the PRSA. The conservative approach is for the examiner to require a probate or a judicial determination of death and heirship. But does this approach really justify suspending royalty payments? Comment 4 to Oklahoma Title Standards § 3.2 suggests the conservative approach is not warranted in such cases, specifically stating: Before the affidavit . . . has been of record for ten years, it is not uncommon for the title examiner to recommend to the party paying royalty owners to consider assuming the business risk of waiving the requirements of marketable title, which might include a probate administration, or judicial determination of death and heirship, and assume the business risk of relying upon the affidavit called for in 16 O.S. § 67. Furthermore, the Probate Code requires the payment of debts ( i.e. , royalty) owed to a person claiming to be the decedent’s successor (in a severed mineral interest) pursuant to an affidavit of death and heirship under the Simplification of Land Titles Act. 24 Small Estate Affidavit: The Oklahoma Probate Code provides a simplified, affidavit-based
20 16 O.S. § 67. 21 Title Examination Standards § 3.2 (D). 22 Id. at (D)(4).
23 See e.g., 58 O.S. §393(D) (Pursuant to Sections 82 and 83 of Title 16 of the Oklahoma Statutes, there shall be a rebuttable presumption that the facts stated in the recorded affidavit are true as they relate to the severed mineral interest, the death of the decedent, and the relationships, family history and heirship stated therein.) (emphasis added). 24 58 O.S. §393(D).
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estate procedure. 31 Specifically, any person paying ( e.g. , royalties) to the successor(s) named in the affidavit is fully discharged and released from further liability, to the same extent as if they had dealt directly with a duly appointed personal representative of the decedent’s estate. 32 The paying parties are not required to investigate, verify, or inquire into the truth of any statements contained in the affidavit. 33 Finally, if a paying party ( i.e. , oil and gas operator or first purchaser) refuses to honor the affidavit and make the required royalty payment, the claiming successor(s) may sue to compel payment. 34 However, the successor(s) who receive the payment remain accountable and answerable to any subsequently appointed personal representative of the estate or to any other person who can later establish a superior legal right to the assets. 35 This statutory shield is particularly valuable for oil and gas operators, as it allows them to rely on a properly executed and presented affidavit of death and heirship (for severed mineral interests) to commence or continue royalty payments to the named successors without fear of double liability. Conclusion Marketable title requires freedom from reasonable doubt, not absolute certainty or freedom from every conceivable doubt. 36 Moreover, the stated purpose of the Simplification of Land Titles Act reinforces this practical approach. As expressly declared in 16 O.S. § 66, the Legislature intended that the Act be liberally construed to simplify real
procedure to allow quick transfer of a decedent’s small estate assets without formal probate. 25 Subsections A–C ( 58 O.S. § 393) establish a small estate affidavit process for personal property (such as cash debts owed to the decedent, stocks, bonds, bank accounts, vehicles, or other tangible/ intangible personal items). 26 At least 10 days after death, a successor presents an affidavit swearing that: (1) the total value of the decedent’s Oklahoma property is $50,000 or less (net of liens), (2) no probate or personal representative has been appointed anywhere, (3) the claimants are entitled to the property in the stated shares, and (4) all taxes and debts are paid, settled, or time-barred. Upon presentation of this affidavit, debtors must pay, possessors must deliver, transfer agents must re- register securities, and officials must update titles to personal property. 27 Subsection D separately addresses severed mineral interests (royalty and mineral rights in real estate). At any time after death, a claimant may file an affidavit of death and heirship in the appropriate county, meeting the requirements of 16 O.S. § 67(C) (Simplification of Land Titles Act) 28 . Once recorded, the affidavit creates a rebuttable presumption that the stated facts about the death, heirship, family history, and relationships are true with respect to the severed mineral interest. 29 Subsection E imposes criminal penalties (fine up to $3,000, up to 6 months imprisonment, or both) and requires restitution for anyone who knowingly files a false affidavit under this section. It should be noted that the statute does not appear to require a ten (10) year recording period; rather, there shall be a rebuttable presumption as to the facts stated in the affidavit if it is recorded at any time after the date of death of a person who was an owner of a severed mineral interest. 30 Such an interpretation would also support the reasoning in Comment 4 to Oklahoma Title Standards § 3.2 suggesting the party paying royalty owners consider waiving the ten (10) year recording period in 16 O.S. § 67. Furthermore, the law provides strong legal protection for anyone who acts in good faith on a properly presented affidavit under the small-
25 58 O.S. § 393. 26 Id. 27 Id. 28 Id. 29 Id. 30 58 O.S. §393(D). 31 58 O.S. § 394.
32 Id. 33 Id. 34 Id. 35 Id. 36 Paul E. Basye, Clearing Land Titles § 4 (2nd ed 1970) (quoting Justice Cardozo The law assures to a buyer a title free from reasonable doubt, but not from every doubt . . . If the only defect in the title is a very remote and improbable contingency, a slender possibility only, a conveyance will be decreed.)
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With respect to probate requirements in situations where the decedent owned both surface and minerals, the reader is directed to: Title Examination Standards § 3.2 (Recorded affidavits and recitals cannot substitute for a conveyance, administration of an estate, or probate of a will except as provided in 16 O.S. § 67.); 12 O.S. § 93 (Fifteen year statute of limitations for the recovery of real property); and, 16 O.S. §§ 71-85 (Oklahoma Thirty Year Marketable Record Title Act).
estate transactions, enabling purchasers (and, by extension, royalty payers) to rely upon the status of title as reflected in the county records, decrees, and judgments of the courts. In the post- Cline era, Oklahoma operators face substantial PRSA interest liability when suspending royalties on severed mineral interests that are presumptively marketable. While 16 O.S. § 67 provides conclusive marketability after ten (10) years under a recorded affidavit of death and heirship, the immediate rebuttable presumption of the truthfulness of the facts stated in an affidavit under 16 O.S. §§ 82–83 and 58 O.S. § 393(D)—bolstered by Comment 4 to Oklahoma Title Standards § 3.2 (encouraging parties paying royalties to consider waiving the ten (10) year period) and the full liability protection of 58 O.S. § 394—supports paying royalties based on a compliant affidavit recorded for less than ten(10) years. Post Script: The author notes that the Simplification of Land Titles Act (§ 67) applies specifically to severed mineral interests. This mechanism is particularly beneficial for successors to small, severed mineral interests, where the time and expense of probating an estate would far exceed the value of the interest itself.
By: Lance Walker © 2026
Lance Walker is an Oklahoma City-based oil and gas attorney pri- marily focused on title examination, with a practice spanning Oklahoma, Texas, New Mexico, and North Dakota. He earned his Juris Doctor from the University of Oklahoma and began his career at a law firm in
Midland, Texas, where he drafted title opinions cover- ing the Permian Basin in West Texas and Southeast New Mexico. He also holds a bachelor’s degree in political science, earned with high honors, from the University of Florida. Lance is currently a Senior Associate at Ray, Feighny & Hartle, PLLC. He can be reached at (405) 474-5800 or lwalker@rfhfirm.com.
The Texas Dominion Statute (Art. 16.029, Texas Civil Practice and Remedies Code, Title 2, Subtitle B, Chapter 16) A True Path to the Establishment of a Title By Adverse Possession? Factual Genesis of This Article
The author encountered the following factual situation in an abstract of title he was examining:
ranching/farming business.
• B completely fenced Blackacre as well as paid one hundred percent (100%) of all real property taxes before they became delinquent for over thirty (30) years. • B’s heirs/devisees (D&E) continued paying one hundred percent (100%) of all real property taxes for another twenty (20) years
• A was the fee simple owner of a 100 acre tract (Blackacre).
• A died testate and left two devisees, B and C, each owning an undivided 50% fee simple interest in Blackacre. C moved away from the area and left B to utilize Blackacre in its
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