25 Cfr 15

SUBCHAPTER C—PROBATE
Subpart D—Obtaining Emergency
Assistance and Filing Claims

PART 15—PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF
THE OSAGE NATION AND THE
FIVE CIVILIZED TRIBES

15.301 May I receive funds from the decedent’s IIM account for funeral services?
15.302 May I file a claim against an estate?
15.303 Where may I file my claim against an
estate?
15.304 When must I file my claim?
15.305 What must I include with my claim?

Subpart A—Introduction
Sec.
15.1 What is the purpose of this part?
15.2 What definitions do I need to know?
15.3 Who can make a will disposing of trust
or restricted land or trust personalty?
15.4 What are the requirements for a valid
will?
15.5 May I revoke my will?
15.6 May my will be deemed revoked by the
operation of the law of any State?
15.7 What is a self-proved will?
15.8 May I make my will, codicil, or revocation self-proved?
15.9 What information must be included in
an affidavit for a self-proved will, codicil,
or revocation?
15.10 What assets will the Secretary probate?
15.11 What are the basic steps of the probate
process?
15.12 What happens if assets in a trust estate may be diminished or destroyed
while the probate is pending?

Subpart E—Probate Processing and
Distributions
15.401 What happens after BIA prepares the
probate file?
15.402 What happens after the probate file is
referred to OHA?
15.403 What happens after the probate order
is issued?

Subpart F—Information and Records
15.501 How may I find out the status of a
probate?
15.502 Who owns the records associated with
this part?
15.503 How must records associated with
this part be preserved?
15.504 Who may inspect records and records
management practices?
15.505 How does the Paperwork Reduction
Act affect this part?

Subpart B—Starting the Probate Process

AUTHORITY: 5 U.S.C. 301; 25 U.S.C. 2, 9, 372–
74, 410, 2201 et seq.; 44 U.S.C. 3101 et seq.

15.101 When should I notify the agency of a
death of a person owning trust or restricted property?
15.102 Who may notify the agency of a
death?
15.103 How do I begin the probate process?
15.104 Does the agency need a death certificate to prepare a probate file?
15.105 What other documents does the agency need to prepare a probate file?
15.106 May a probate case be initiated when
an owner of an interest has been absent?
15.107 Who prepares the probate file?
15.108 If the decedent was not an enrolled
member of a tribe or was a member of
more than one tribe, who prepares the
probate file?

CROSS REFERENCE: For special rules applying to proceedings in Indian Probate (Determination of Heirs and Approval of Wills, Except for Members of the Five Civilized Tribes
and Osage Indians), including hearings and
appeals within the jurisdiction of the Office
of Hearings and Appeals, see title 43, Code of
Federal Regulations, part 4, subpart D, and
part 30; Funds of deceased Indians other than
the Five Civilized Tribes, see title 25 Code of
Federal Regulations, part 115.
SOURCE: 73 FR 67278, Nov. 13, 2008, unless
otherwise noted.

Subpart A—Introduction

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Subpart C—Preparing the Probate File

§ 15.1

15.201 What will the agency do with the documents that I provide?
15.202 What items must the agency include
in the probate file?
15.203 What information must Tribes provide BIA to complete the probate file?
15.204 When is a probate file complete?

What is the purpose of this part?

(a) This part contains the procedures
that we follow to initiate the probate
of the estate of a deceased person for
whom the United States holds an interest in trust or restricted land or trust
personalty. This part tells you how to

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§ 15.2

25 CFR Ch. I (4–1–20 Edition)
modify, add to, or revoke provisions in
an existing will.
Consolidation agreement means a written agreement under the provisions of
25 U.S.C. 2206(e) or 2206(j)(9), entered
during the probate process, approved
by the judge, and implemented by the
probate order, by which a decedent’s
heirs and devisees consolidate interests
in trust or restricted land.
Creditor means any individual or entity that has a claim for payment from a
decedent’s estate.
Day means a calendar day.
Decedent means a person who is deceased.
Decision or order (or decision and
order) means:
(1) A written document issued by a
judge making determinations as to
heirs, wills, devisees, and the claims of
creditors, and ordering distribution of
trust or restricted land or trust personalty;
(2) The decision issued by an attorney decision maker in a summary probate proceeding; or
(3) A decision issued by a judge finding that the evidence is insufficient to
determine that a person is dead by reason of unexplained absence.
Department means the Department of
the Interior.
Devise means a gift of property by
will. Also, to give property by will.
Devisee means a person or entity that
receives property under a will.
Eligible heir means, for the purposes
of the Act, any of a decedent’s children, grandchildren, great grandchildren, full siblings, half siblings by
blood, and parents who are any of the
following:
(1) Indian;
(2) Lineal descendents within two degrees of consanguinity of an Indian; or
(3) Owners of a trust or restricted interest in a parcel of land for purposes
of inheriting—by descent, renunciation, or consolidation agreement—another trust or restricted interest in
such parcel from the decedent.
Estate means the trust or restricted
land and trust personalty owned by the
decedent at the time of death.
Formal probate proceeding means a
proceeding, conducted by a judge, in
which evidence is obtained through the

file the necessary documents to probate the estate. This part also describes how probates will be processed
by the Bureau of Indian Affairs (BIA),
and when probates will be forwarded to
the Office of Hearings and Appeals
(OHA) for disposition.
(b) The following provisions do not
apply to Alaska property interests:
(1) Section 15.202(c), (d), (e)(2), (n),
and (o); and
(2) Section 15.401(b).
[73 FR 67278, Nov. 13, 2008, as amended at 76
FR 7505, Feb. 10, 2011]

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§ 15.2 What definitions do I need to
know?
Act means the Indian Land Consolidation Act and its amendments, including the American Indian Probate Reform Act of 2004 (AIPRA), Pub. L. 108–
374, as codified at 25 U.S.C. 2201 et seq.
Administrative law judge (ALJ) means
an administrative law judge with the
Office of Hearings and Appeals appointed under the Administrative Procedure Act, 5 U.S.C. 3105.
Affidavit means a written declaration
of facts by a person that is signed by
that person, swearing or affirming
under penalty of perjury that the facts
declared are true and correct to the
best of that person’s knowledge and belief.
Agency means:
(1) The Bureau of Indian Affairs (BIA)
agency office, or any other designated
office in BIA, having jurisdiction over
trust or restricted land and trust personalty; and
(2) Any office of a tribe that has entered into a contract or compact to fulfill the probate function under 25
U.S.C. 450f or 458cc.
Attorney Decision Maker (ADM) means
an attorney with OHA who conducts a
summary probate proceeding and renders a decision that is subject to de
novo review by an administrative law
judge or Indian probate judge.
BIA means the Bureau of Indian Affairs within the Department of the Interior.
Child means a natural or adopted
child.
Codicil means a supplement or addition to a will, executed with the same
formalities as a will. It may explain,

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Bureau of Indian Affairs, Interior

§ 15.2
OST means the Office of the Special
Trustee for American Indians within
the Department of the Interior.
Probate means the legal process by
which applicable tribal, Federal, or
State law that affects the distribution
of a decedent’s estate is applied in
order to:
(1) Determine the heirs;
(2) Determine the validity of wills
and determine devisees;
(3) Determine whether claims against
the estate will be paid from trust personalty; and
(4) Order the transfer of any trust or
restricted land or trust personalty to
the heirs, devisees, or other persons or
entities entitled by law to receive
them.
Purchase option at probate means the
process by which eligible purchasers
can purchase a decedent’s interest during the probate proceeding.
Restricted property means real property, the title to which is held by an
Indian but which cannot be alienated
or encumbered without the Secretary’s
consent. For the purpose of probate
proceedings, restricted property is
treated as if it were trust property. Except as the law may provide otherwise,
the term ‘‘restricted property’’ as used
in this part does not include the restricted lands of the Five Civilized
Tribes of Oklahoma or the Osage Nation.
Secretary means the Secretary of the
Interior or an authorized representative.
Summary probate proceeding means
the consideration of a probate file
without a hearing. A summary probate
proceeding may be conducted if the estate involves only an IIM account that
did not exceed $5,000 in value on the
date of the decedent’s death.
Superintendent means a BIA Superintendent or other BIA official, including a field representative or one holding equivalent authority.
Testate means that the decedent executed a valid will as determined in the
probate proceeding.
Testator means a person who has executed a valid will as determined in the
probate proceeding.
Trust personalty means all tangible
personal property, funds, and securities
of any kind that are held in trust in an

testimony of witnesses and the receipt
of relevant documents.
Heir means any individual or entity
eligible to receive property from a decedent in an intestate proceeding.
Individual Indian Money (IIM) account
means an interest bearing account for
trust funds held by the Secretary that
belong to a person who has an interest
in trust assets. These accounts are
under the control and management of
the Secretary.
Indian means, for the purposes of the
Act, any of the following:
(1) Any person who is a member of a
federally recognized Indian tribe is eligible to become a member of any federally recognized Indian tribe, or is an
owner (as of October 27, 2004) of a trust
or restricted interest in land;
(2) Any person meeting the definition
of Indian under 25 U.S.C. 479; or
(3) With respect to the inheritance
and ownership of trust or restricted
land in the State of California under 25
U.S.C. 2206, any person described in
paragraph (1) or (2) of this definition or
any person who owns a trust or restricted interest in a parcel of such
land in that State.
Indian probate judge (IPJ) means an
attorney with OHA, other than an ALJ,
to whom the Secretary has delegated
the authority to hear and decide Indian
probate cases.
Interested party means:
(1) Any potential or actual heir;
(2) Any devisee under a will;
(3) Any person or entity asserting a
claim against a decedent’s estate;
(4) Any tribe having a statutory option to purchase the trust or restricted
property interest of a decedent; or
(5) A co-owner exercising a purchase
option.
Intestate means that the decedent
died without a valid will as determined
in the probate proceeding.
Judge means an ALJ or IPJ.
Lockbox means a centralized system
within OST for receiving and depositing trust fund remittances collected
by BIA.
LTRO means the Land Titles and
Records Office within BIA.
OHA means the Office of Hearings
and Appeals within the Department of
the Interior.

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§ 15.3

25 CFR Ch. I (4–1–20 Edition)

IIM account or otherwise supervised by
the Secretary.
Trust property means real or personal
property, or an interest therein, the
title to which is held in trust by the
United States for the benefit of an individual Indian or tribe.
We or us means the Secretary, an authorized representative of the Secretary, or the authorized employee or
representative of a tribe performing
probate functions under a contract or
compact approved by the Secretary.
Will means a written testamentary
document that was executed by the decedent and attested to by two disinterested adult witnesses, and that
states who will receive the decedent’s
trust or restricted property.
You or I means an interested party,
as defined herein, with an interest in
the decedent’s estate unless the context requires otherwise.

§ 15.7 What is a self-proved will?
A self-proved will is a will with attached affidavits, signed by the testator and the witnesses before an officer authorized to administer oaths,
certifying that they complied with the
requirements of execution of the will.
§ 15.8 May I make my will, codicil, or
revocation self-proved?
Yes. A will, codicil, or revocation
may be made self-proved as provided in
this section.
(a) A will, codicil, or revocation may
be made self-proved by the testator and
attesting witnesses at the time of its
execution.
(b) The testator and the attesting
witnesses must sign the required affidavits before an officer authorized to
administer oaths, and the affidavits
must be attached to the will, codicil, or
revocation.

[73 FR 67278, Nov. 13, 2008, as amended at 76
FR 7505, Feb. 10, 2011]

§ 15.9 What information must be included in an affidavit for a selfproved will, codicil, or revocation?
(a) A testator’s affidavit must contain substantially the following content:

§ 15.3 Who can make a will disposing
of trust or restricted land or trust
personalty?
Any person 18 years of age or over
and of testamentary capacity, who has
any right, title, or interest in trust or
restricted land or trust personalty,
may dispose of trust or restricted land
or trust personalty by will.

Tribe of llll or
State of llll
County of llll.
I, llll, swear or affirm under penalty of
perjury that, on the ll day of llll,
20ll, I requested lllland llll to act
as witnesses to my will; that I declared to
them that the document was my last will;
that I signed the will in the presence of both
witnesses; that they signed the will as witnesses in my presence and in the presence of
each other; that the will was read and explained to me (or read by me), after being
prepared and before I signed it, and it clearly
and accurately expresses my wishes; and
that I willingly made and executed the will
as my free and voluntary act for the purposes expressed in the will.
llllllllllllllllllllllll
Testator
(b) Each attesting witness’s affidavit must
contain substantially the following content:
We, lllland llll, swear or affirm
under penalty of perjury that on the ll day
of llll, 20ll, llll of the State of
llll, published and declared the attached
document to be his/her last will, signed the
will in the presence of both of us, and requested both of us to sign the will as witnesses; that we, in compliance with his/her
request, signed the will as witnesses in his/
her presence and in the presence of each

§ 15.4 What are the requirements for a
valid will?
You must meet the requirements of
§ 15.3, date and execute your will, in
writing and have it attested by two disinterested adult witnesses.

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§ 15.5 May I revoke my will?
Yes. You may revoke your will at
any time. You may revoke your will by
any means authorized by tribal or Federal law, including executing a subsequent will or other writing with the
same formalities as are required for
execution of a will.
§ 15.6 May my will be deemed revoked
by operation of the law of any
State?
No. A will that is subject to the regulations of this subpart will not be
deemed to be revoked by operation of
the law of any State.

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Bureau of Indian Affairs, Interior

§ 15.101

other; and that the testator was not acting
under duress, menace, fraud, or undue influence of any person, so far as we could determine, and in our opinion was mentally capable of disposing of all his/her estate by will.
llllllllllllllllllllllll
Witness
llllllllllllllllllllllll
Witness
Subscribed and sworn to or affirmed before
me this ll day of llll, 20ll, by
llll testator, and by llll and llll,
attesting witnesses.
llllllllllllllllllllllll
llllllllllllllllllllllll
(Title)

(c) We refer the completed probate
file to OHA for assignment to a judge
or ADM (see subpart D for details); and
(d) The judge or ADM decides how to
distribute any trust or restricted land
and/or trust personalty, and we make
the distribution (see subpart D for details).
§ 15.12 What happens if assets in a
trust estate may be diminished or
destroyed while the probate is
pending?
(a) This section applies if an interested party or BIA:
(1) Learns of the death of a person
owning trust or restricted property;
and
(2) Believes that an emergency exists
and the assets in the estate may be significantly diminished or destroyed before the final decision and order of a
judge in a probate case.
(b) An interested party, the Superintendent, or other authorized representative of BIA has standing to request relief.
(c) The interested party or BIA representative may request:
(1) That OHA immediately assign a
judge or ADM to the probate case;
(2) That BIA transfer a probate file to
OHA containing sufficient information
on potential interested parties and documentation concerning the alleged
emergency for a judge to consider
emergency relief in order to preserve
estate assets; and
(3) That OHA hold an expedited hearing or consider ex parte relief to prevent impending or further loss or destruction of trust assets.

§ 15.10 What assets will the Secretary
probate?
(a) We will probate only the trust or
restricted land, or trust personalty
owned by the decedent at the time of
death.
(b) We will not probate the following
property:
(1) Real or personal property other
than trust or restricted land or trust
personalty owned by the decedent at
the time of death;
(2) Restricted land derived from allotments made to members of the Five
Civilized Tribes (Cherokee, Choctaw,
Chickasaw, Creek, and Seminole) in
Oklahoma; and
(3) Restricted interests derived from
allotments made to Osage Indians in
Oklahoma (Osage Nation) and Osage
headright interests owned by Osage decedents.
(c) We will probate that part of the
lands and assets owned by a deceased
member of the Five Civilized Tribes or
Osage Nation who owned a trust interest in land or a restricted interest in
land derived from an individual Indian
who was a member of a Tribe other
than the Five Civilized Tribes or Osage
Nation.

[73 FR 67278, Nov. 13, 2008, as amended at 76
FR 7505, Feb. 10, 2011]

Subpart B—Starting the Probate
Process

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[76 FR 7505, Feb. 10, 2011]

§ 15.11 What are the basic steps of the
probate process?

§ 15.101 When should I notify the agency of the death of a person owning
trust or restricted property?

The basic steps of the probate process
are:
(a) We learn about a person’s death
(see subpart B for details);
(b) We prepare a probate file that includes documents sent to the agency
(see subpart C for details);

There is no deadline for notifying us
of a death.
(a) Notify us as provided in § 15.103 to
assure timely distribution of the estate.
(b) If we find out about the death of
a person owning trust or restricted

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§ 15.102

25 CFR Ch. I (4–1–20 Edition)
the decedent and potential heirs or
devisees;
(d) Current names and addresses of
the decedent’s potential heirs and devisees;
(e) Any sworn statements regarding
the decedent’s family, including any
statements of paternity or maternity;
(f) Any statements renouncing an interest in the estate including identification of the person or entity in
whose favor the interest is renounced,
if any;
(g) A list of claims by known creditors of the decedent and their addresses, including copies of any court judgments; and
(h) Documents from the appropriate
authorities, certified if possible, concerning the public record of the decedent, including but not limited to, any:
(1) Marriage licenses and certificates
of the decedent;
(2) Divorce decrees of the decedent;
(3)
Adoption
and
guardianship
records concerning the decedent or the
decedent’s potential heirs or devisees;
(4) Use of other names by the decedent, including copies of name changes
by court order; and
(5) Orders requiring payment of child
support or spousal support.

property we may initiate the process to
collect the necessary documentation.
§ 15.102 Who may notify the agency of
a death?
Anyone may notify us of a death.
§ 15.103 How do I begin the probate
process?
As soon as possible, contact any of
the following offices to inform us of the
decedent’s death:
(a) The agency or BIA regional office
nearest to where the decedent was enrolled;
(b) Any agency or BIA regional office; or
(c) The Trust Beneficiary Call Center
in OST.

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§ 15.104 Does the agency need a death
certificate to prepare a probate
file?
(a) Yes. You must provide us with a
certified copy of the death certificate if
a death certificate exists. If necessary,
we will make a copy from your certified copy for our use and return your
copy.
(b) If a death certificate does not
exist, you must provide an affidavit
containing as much information as you
have concerning the deceased, such as:
(1) The State, city, reservation, location, date, and cause of death;
(2) The last known address of the deceased;
(3) Names and addresses of others
who may have information about the
deceased; and
(4) Any other information available
concerning the deceased, such as newspaper articles, an obituary, death notices, or a church or court record.

§ 15.106 May a probate case be initiated when an owner of an interest
has been absent?
(a) A probate case may be initiated
when either:
(1) Information is provided to us that
an owner of an interest in trust or restricted land or trust personalty has
been absent without explanation for a
period of at least 6 years; or
(2) We become aware of other facts or
circumstances from which an inference
may be drawn that the person has died.
(b) When we receive information as
described in § 15.106(a), we may begin an
investigation into the circumstances,
and may attempt to locate the person.
We may:
(1) Search available electronic databases;
(2) Inquire into other published information sources such as telephone directories and other available directories;
(3) Examine BIA land title and lease
records;

§ 15.105 What other documents does
the agency need to prepare a probate file?
In addition to the certified copy of a
death certificate or other reliable evidence of death listed in § 15.104, we need
the following information and documents:
(a) Originals or copies of all wills,
codicils, and revocations, or other evidence that a will may exist;
(b) The Social Security number of
the decedent;
(c) The place of enrollment and the
tribal enrollment or census number of

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Bureau of Indian Affairs, Interior

§ 15.202
file. Then we will transfer the probate
file to OHA.

(4) Examine the IIM account ledger
for disbursements from the account;
and
(5) Engage the services of an independent firm to conduct a search for
the owner.
(c) When we have completed our investigation, if we are unable to locate
the person, we may initiate a probate
case and prepare a file that may include all the documentation developed
in the search.
(d) We may file a claim in the probate case to recover the reasonable
costs expended to contract with an
independent firm to conduct the
search.

§ 15.202 What items must the agency
include in the probate file?
We will include the items listed in
this section in the probate file.
(a) The evidence of death of the decedent as provided under § 15.104.
(b) A completed ‘‘Data for Heirship
Findings and Family History Form’’ or
successor form, certified by BIA, with
the enrollment or other identifying
number shown for each potential heir
or devisee.
(c) Information provided by potential
heirs, devisees, or the tribes on:
(1) Whether the heirs and devisees
meet the definition of ‘‘Indian’’ for probate purposes, including enrollment or
eligibility for enrollment in a tribe; or
(2) Whether the potential heirs or
devisees are within two degrees of consanguinity of an ‘‘Indian.’’
(d) If an individual qualifies as an Indian only because of ownership of a
trust or restricted interest in land, the
date on which the individual became
the owner of the trust or restricted interest.
(e) A certified inventory of trust or
restricted land, including:
(1) Accurate and adequate descriptions of all land; and
(2) Identification of any interests
that represent less than 5 percent of
the undivided interests in a parcel.
(f) A statement showing the balance
and the source of funds in the decedent’s IIM account on the date of
death.
(g) A statement showing all receipts
and sources of income to and disbursements, if any, from the decedent’s IIM
account after the date of death.
(h) Originals or copies of all wills,
codicils, and revocations that have
been provided to us.
(i) A copy of any statement or document concerning any wills, codicils, or
revocations the BIA returned to the
testator.
(j) Any statement renouncing an interest in the estate that has been submitted to us, and the information necessary to identify any person receiving
a renounced interest.
(k) Claims of creditors that have
been submitted to us under § 15.302

§ 15.107 Who prepares a probate file?
The agency that serves the tribe
where the decedent was an enrolled
member will prepare the probate file in
consultation with the potential heirs
or devisees who can be located, and
with other people who have information about the decedent or the estate.
§ 15.108 If the decedent was not an enrolled member of a tribe or was a
member of more than one tribe,
who prepares the probate file?
Unless otherwise provided by Federal
law, the agency that has jurisdiction
over the tribe with the strongest association with the decedent will serve as
the home agency and will prepare the
probate file if the decedent owned interests in trust or restricted land or
trust personalty and either:
(a) Was not an enrolled member of a
tribe; or
(b) Was a member of more than one
tribe.

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Subpart C—Preparing the Probate
File
§ 15.201 What will the agency do with
the documents that I provide?
After we receive notice of the death
of a person owning trust or restricted
land or trust personalty, we will examine the documents provided under
§§ 15.104 and 15.105, and other documents and information provided to us
to prepare a complete probate file. We
may consult with you and other individuals or entities to obtain additional
information to complete the probate

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§ 15.203

25 CFR Ch. I (4–1–20 Edition)

through 15.305, including documentation required by § 15.305.
(l) Documentation of any payments
made on requests filed under the provisions of § 15.301.
(m) All the documents acquired
under § 15.105.
(n) The record of each tribal or individual request to purchase a trust or
restricted land interest at probate.
(o) The record of any individual request for a consolidation agreement,
including a description, such as an Individual/Tribal Interest Report, of any
lands not part of the decedent’s estate
that are proposed for inclusion in the
consolidation agreement.

the family of a decedent who had an
IIM account;
(2) You have an immediate need to
pay for funeral arrangements before
burial; and
(3) The decedent’s IIM account contains more than $2,500 on the date of
death.
(b) You must apply for funds under
paragraph (a) of this section and submit to us an original itemized estimate
of the cost of the service to be rendered
and the identification of the service
provider.
(c) We may approve reasonable costs
of no more than $1,000 that are necessary for the burial services, taking
into consideration:
(1) The total amount in the IIM account;
(2) The availability of non-trust
funds; and
(3) Any other relevant factors.
(d) We will make payments directly
to the providers of the services.

[73 FR 67278, Nov. 13, 2008, as amended at 76
FR 7505, Feb. 10, 2011]

§ 15.203 What information must Tribes
provide BIA to complete the probate file?
Tribes must provide any information
that we require or request to complete
the probate file. This information may
include enrollment and family history
data or property title documents that
pertain to any pending probate matter,
and a copy of Tribal probate orders
where they exist.

§ 15.302 May I file a claim against an
estate?
If a decedent owed you money, you
may make a claim against the estate of
the decedent.
§ 15.303 Where may I file my claim
against an estate?
(a) You may submit your claim to us
before we transfer the probate file to
OHA or you may file your claim with
OHA after the probate file has been
transferred if you comply with 43 CFR
30.140 through 30.148.
(b) If we receive your claim after the
probate file has been transmitted to
OHA but before the order is issued, we
will promptly transmit your claim to
OHA.

[76 FR 7505, Feb. 10, 2011]

§ 15.204 When is a probate file complete?
A probate file is complete for transfer to OHA when a BIA approving official includes a certification that:
(a) States that the probate file includes all information listed in § 15.202
that is available; and
(b) Lists all sources of information
BIA queried in an attempt to locate information listed in § 15.202 that is not
available.

§ 15.304 When must I file my claim?
You must file your claim before the
conclusion of the first hearing by OHA
or, for cases designated as summary
probate proceedings, as allowed under
43 CFR 30.140. Claims not timely filed
will be barred.

Subpart D—Obtaining Emergency
Assistance and Filing Claims

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§ 15.301 May I receive funds from the
decedent’s IIM account for funeral
services?

§ 15.305 What must I include with my
claim?
(a) You must include an itemized
statement of the claim, including copies of any supporting documents such

(a) You may request an amount of no
more than $1,000 from the decedent’s
IIM account if:
(1) You are responsible for making
the funeral arrangements on behalf of

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Bureau of Indian Affairs, Interior

§ 15.501

as signed notes, account records, billing records, and journal entries. The
itemized statement must also include:
(1) The date and amount of the original debt;
(2) The dates, amounts, and identity
of the payor for any payments made;
(3) The dates, amounts, product or
service, and identity of any person
making charges on the account;
(4) The balance remaining on the
debt on the date of the decedent’s
death; and
(5) Any evidence that the decedent
disputed the amount of the claim.
(b) You must submit an affidavit that
verifies the balance due and states
whether:
(1) Parties other than the decedent
are responsible for any portion of the
debt alleged;
(2) Any known or claimed offsets to
the alleged debt exist;
(3) The creditor or anyone on behalf
of the creditor has filed a claim or
sought reimbursement against the decedent’s non-trust or non-restricted
property in any other judicial or quasijudicial proceeding, and the status of
such action; and
(4) The creditor or anyone on behalf
of the creditor has filed a claim or
sought reimbursement against the decedent’s trust or restricted property in
any other judicial or quasi-judicial proceeding, and the status of such action.
(c) A secured creditor must first exhaust the security before a claim
against trust personalty for any deficiency will be allowed. You must submit a verified or certified copy of any
judgment or other documents that establish the amount of the deficiency
after exhaustion of the security.

each parcel of land in the decedent’s estate to the tribes with jurisdiction over
those interests.
§ 15.402 What happens after the probate file is referred to OHA?
When OHA receives the probate file
from BIA, it will assign the case to a
judge or ADM. The judge or ADM will
conduct the probate proceeding and
issue a written decision or order, in accordance with 43 CFR part 30.
§ 15.403 What happens after the probate order is issued?
(a) If the probate decision or order is
issued by an ADM, you have 30 days
from the decision mailing date to file a
written request for a de novo review.
(b) If the probate decision or order is
issued by a judge, you have 30 days
from the decision mailing date to file a
written request for rehearing. After a
judge’s decision on rehearing, you have
30 days from the mailing date of the decision to file an appeal, in accordance
with 43 CFR parts 4 and 30.
(c) When any interested party files a
timely request for de novo review, a request for rehearing, or an appeal, we
will not pay claims, transfer title to
land, or distribute trust personalty
until the request or appeal is resolved.
(d) If no interested party files a request or appeal within the 30-day deadlines in paragraphs (a) and (b) of this
section, we will wait at least 15 additional days before paying claims,
transferring title to land, and distributing trust personalty. At that time:
(1) The LTRO will change the land
title records for the trust and restricted land in accordance with the
final decision or order; and
(2) We will pay claims and distribute
funds from the IIM account in accordance with the final decision or order.

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Subpart E—Probate Processing
and Distributions

Subpart F—Information and
Records

§ 15.401 What happens after BIA prepares the probate file?
Within 30 days after we assemble all
the documents required by §§ 15.202 and
15.204, we will:
(a) Refer the case and send the probate file to OHA for adjudication in accordance with 43 CFR part 30; and
(b) Forward a list of fractional interests that represent less than 5 percent
of the entire undivided ownership of

§ 15.501 How may I find out the status
of a probate?
You may get information about the
status of an Indian probate by contacting any BIA agency or regional office, an OST fiduciary trust officer,
OHA, or the Trust Beneficiary Call
Center in OST.

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§ 15.502

25 CFR Ch. I (4–1–20 Edition)
(b) The Secretary and the Archivist
of the United States may inspect
records and records management practices and safeguards required under the
Federal Records Act.

§ 15.502 Who owns the records associated with this part?
(a) The United States owns the
records associated with this part if:
(1) They are evidence of the organization, functions, policies, decisions, procedures, operations, or other activities
undertaken in the performance of a
federal trust function under this part;
and
(2) They are either:
(i) Made by or on behalf of the United
States; or
(ii) Made or received by a tribe or
tribal organization in the conduct of a
Federal trust function under this part,
including the operation of a trust program under Pub. L. 93–638, as amended,
and as codified at 25 U.S.C. 450 et seq.
(b) The tribe owns the records associated with this part if they:
(1) Are not covered by paragraph (a)
of this section; and
(2) Are made or received by a tribe or
tribal organization in the conduct of
business with the Department of the
Interior under this part.

§ 15.505 How does the Paperwork Reduction Act affect this part?
The collections of information contained in this part have been approved
by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned OMB Control Number 1076–0169.
Response is required to obtain a benefit. A Federal agency may not conduct
or sponsor, and you are not required to
respond to a collection of information
unless the form or regulation requesting the information has a currently
valid OMB Control Number.

PART 16—ESTATES OF INDIANS OF
THE FIVE CIVILIZED TRIBES
Sec.
16.1 Definitions.
16.2 Scope of regulations.
16.3 Legal representation in State courts.
16.4 Exchange of information within the Department.
16.5 Acceptance and acknowledgement of
service of process.
16.6 Authority of attorneys in State court
litigation.
16.7 Performance of Federal functions by
successor State courts.
16.8 Summary distribution of small liquid
estates.
16.9 Escheat of estates of decedents.

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§ 15.503 How must records associated
with this part be preserved?
(a) Any organization that has records
identified in § 15.502(a), including tribes
and tribal organizations, must preserve
the records in accordance with approved Departmental records retention
procedures under the Federal Records
Act, 44 U.S.C. chapters 29, 31, and 33;
and
(b) A tribe or tribal organization
must preserve the records identified in
§ 15.502(b) for the period authorized by
the Archivist of the United States for
similar Department of the Interior
records under 44 U.S.C. chapter 33. If a
tribe or tribal organization does not do
so, it may be unable to adequately document essential transactions or furnish
information necessary to protect its
legal and financial rights or those of
persons affected by its activities.

AUTHORITY: 5 U.S.C. 301 (Interprets or applies Act of Apr. 26, 1906, ch. 1876, 34 Stat. 137,
see 25 U.S.C. 355nt (1970); Act of May 27, 1908,
ch. 199, 35 Stat. 312, see 25 U.S.C. 355nt (1970);
Act of June 14, 1918, ch. 101, 40 Stat. 606, 25
U.S.C. 355, 375 (1970); Act of Apr. 12, 1926, ch.
115, 44 Stat. 239, see 25 U.S.C. 355nt (1970); Act
of June 26, 1936, ch. 831, 49 Stat. 1967, 25
U.S.C. 501-509 (1970); Act of Aug. 4, 1947, ch.
458, 61 Stat. 731, 25 U.S.C. 502 (1970) and see 25
U.S.C. 355nt (1970); Act of Aug. 12, 1953, ch.
409, 67 Stat. 558, 25 U.S.C. 375c (1970) and see
25 U.S.C. 355nt (1970); Act of Aug. 11, 1955, ch.
786, 69 Stat. 666, see 25 U.S.C. 355nt (1970); Act
of Aug. 29, 1967, Pub. L. 90-76, 81 Stat. 177, 25
U.S.C. 786-788 (1970); and Act of May 7, 1970,
Pub. L. 91-240, 84 Stat. 203, 25 U.S.C. 375d
(1970)).

§ 15.504 Who may inspect records and
records management practices?
(a) You may inspect the probate file
at the relevant agency before the file is
transferred to OHA. Access to records
in the probate file is governed by 25
U.S.C. 2216(e), the Privacy Act, and the
Freedom of Information Act.

SOURCE: 37 FR 7082, Apr. 8, 1972, unless otherwise noted.

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