Listed below are descriptions of different oil and gas deeds as well as definitions
of estate and probate terminology commonly seen when transferring oil and
gas royalties from estates:
OIL & GAS DEED TERMINOLOGY
JOINT TENANT DEED Transfers undivided co-ownership to two or more people whereby, upon the
death of the first owner, his share automatically transfers in equal shares to
the remaining owner(s).
RETAINED LIFE ESTATE DEED Grantor transfers to the grantee the ownership of the interests, but grantor
retains the right to receive revenues generated from oil and gas production
and lease bonuses as long as the grantor is alive. Once the grantor dies, the
right to receive revenues reverts to the grantee. Commonly used when an
owner wants to transfer his oil assets out of his estate but wants to continue
to receive the revenues generated from the oil royalties during his lifetime.
MINERAL DEED Transfers ownership of the royalty interest including the right to execute
leases and receive bonus payments.
ROYALTY DEED Transfers ownership of the royalty interest only and not the right to execute leases
and receive bonus payments.
QUIT CLAIM DEED Also called quitclaim deed, quickclaim deed and quick claim deed. Transfers any
mineral, royalty or overriding royalty owned with no warranty of title.
FOREIGN WILL When the decedent owned an asset in one state but the decedent's will was
probated in another state (i.e. the decedent owned oil royalties in Texas but his will
was probated in Florida).
HEIR Person receiving assets of an estate under the terms of the will.
HEIRS AT LAW Persons who would inherit the decedent's estate if the decedent died intestate, or
without a will.
INTESTATE ESTATE An estate to be administered without a will.
INVENTORY Detailed list of real and personal property in an estate.
LETTERS TESTAMENTARY A written decree of the court whereby the executor is named.
PERSONAL REPRESENTATIVE The person named in decedent's will to administer the estate who accepts the
appointment by qualifying before the clerk. Also called administrator or executor.
POWER OF ATTORNEY A document authorizing one person ("agent") to act on behalf of another person
("principal"). Also called "Attorney-in-Fact."
PROBATE The legal process in which a court oversees the distribution of property left in a
will. The procedure whereby a will is admitted of record in the clerk's office,
including the process of qualifying a person as an executor of an estate and the
process of administering an estate.
TESTATOR One who dies leaving a will.
TESTATE ESTATE An estate to be administered pursuant to a will.
WILL An individual's written declaration of property disposal after death.
BOPD | Barrels of Oil Per Day BOPM | Barrels of Oil Per Month BWPD | Barrels of Water Per Day DO | Division Order DR | Delay Rental GWI | Gross Working Interest JOA | Joint Operating Agreement MCFPD | Thousands of Cubic Feet of Gas Per Day MI | Mineral Interest
COMMON ACRONYMS
NRI | Net Revenue Interest NWI | Net Working Interest OGML | Oil, Gas and Mineral Lease ORRI | Overriding Royalty Interest RI | Royalty Interest SI | Shut In SWDW | Salt Water Disposal Well WI | Working Interest
ADMINISTRATOR The person named in decedent's will to administer the estate who accepts the
appointment by qualifying before the clerk. Also called executor, executrix or
personal representative.
AFFIDAVIT OF HEIRSHIP A statement of facts relating to the death and heirship of the decedent which
is sworn to before a notary public. Usually executed by someone who knew
the decedent but is not an heir to the estate.
ANCILLARY PROBATE The additional probate required to legally transfer title when the oil royalties
are not located in the same state as the decedent. For example, the decedent's
estate was probated in New York (the decedent's state of residence) but the
oil royalties are located in Oklahoma.
ATTORNEY IN FACT A document authorizing one person ("agent") to act on behalf of another
person ("principal"). Also called "Power of Attorney."
BENEFICIARY Person receiving assets of an estate under the terms of the will.
CERTIFIED COPY A copy of a document that is signed and certified as a true copy by the officer
to whose custody the original is entrusted.
DECEDENT Deceased person.
ESTATE The decedent's property at the time of his death.
EXECUTOR The person named in decedent's will to administer the estate who accepts the
appointment by qualifying before the clerk. Also called executrix,
administrator or personal representative.
EXECUTRIX A female executor. Also called administrator or personal representative.
FIDUCIARY A person in a position of trust with respect to another's property. A term
used to refer to the executor or administrator.
FINAL DECREE A court ruling detailing the distribution of assets of an estate.