Osage Headrights

At the time of the passage of the Osage Allotment Act on June 28, 1906, [“the Act”], the Osage Indians were occupying, as a tribe, their reservation in Oklahoma. Their reservation contained approximately a million and a half acres of land purchased from the Cherokees. Prior to the Act, ownership of all the reservation lands remained in the Osage Tribe. By the Act, the lands were divided and distributed among the 2,229 members of the Osage Tribe with certain restrictions. An Osage Indian, although allowed to sell the surface of the land in certain situations, could not sell the minerals. Mineral ownership for nearly the entire reservation was placed in trust under the federal government and initially reserved to the use of the tribe.

Seal of Osage Nation
Funds received mostly from the mineral ownership would be divided between the original 2,229 members. The ownership interest in the fund is called a “Headright.” Each original Allottee (tribal member) received what was called one “Headright.” Therefore, there was a total of 2,229 Headright interests. A Headright is sometimes referred to as the right to participate in the distribution from the mineral estate estate.mineral estate.
Pawhuska

What happens if a headright owner dies but does not have a Will or Trust?

Oklahoma law is a little complicated, so a simple answer is not possible.

Osage Nation Museum

WHAT IS A "LIFE ESTATE"?

​A “life estate” is an ownership interest that exists only while a person, called a “life tenant”, is living. The life tenant of a headright interest receives the income generated by the headright during the life tenant’s lifetime. The right to receive income from the headright interest stops at the time of the life tenant’s death. The life tenant does not have the right to say who receives, or inherits, the headright interest after his/her death.

Who can inherit a headright interest now?

According to Acts of Congress, only a person of Osage Indian blood can inherit headright(s) from a deceased Osage Indian. However, a non-Osage person can inherit what is called a “life estate” in a headright interest (see below for explanation of “life estate”) from an Osage Indian.

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