regulation

§ 15.3

25 CFR Ch. I (4–1–06 Edition)

Secretary means the Secretary of the
Interior or his or her authorized representative.
Testate means the decedent executed a
valid will before his or her death.
Trust cash assets means the funds held
in an IIM account that had accumulated or were due and owing to the decedent as of the date of death.
Trust land means the land, or an interest therein, for which the United
States holds fee title in trust for the
benefit of an individual Indian.
We or us means either an official of
BIA or a tribe performing probate functions under a BIA contract or compact.
Will means a written testamentary
document that was signed 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 trust estate unless a
specific section says otherwise.

(b) We prepare a probate package
that includes documents you send us
(see subpart C of this part for details);
(c) We refer the completed probate
package to OHA for assignment to a
deciding official (see subpart D of this
part for details); and
(d) The deciding official decides how
to distribute the property and/or funds
deposited in an IIM account and we
make the distribution (see subpart D of
this part for details).

Subpart B—Starting the Probate
Process
§ 15.101 How do I begin the BIA probate process?
As soon as possible you should contact the nearest BIA agency or regional office where the decedent was
enrolled to inform us of the decedent’s
death.
(a) You should provide a certified
copy of the death certificate, if one exists.
(b) If a death certificate does not
exist, you should provide an affidavit
of death prepared by the tribe with
whom the decedent was associated or
someone who knows about the decedent’s death that specifies what is
known about the date and cause of the
decedent’s death. A copy of any supporting documents that may be available, such as an obituary or death notice or a church or court record, should
be provided along with the affidavit.

§ 15.3 Will the Secretary probate all
the property in Indian estates?
(a) No. We will probate only the trust
or restricted property in the estate of
an Indian decedent.
(b) We will not probate:
(1) Real or personal property in an estate of an Indian decedent that is not
trust or restricted property;
(2) Restricted property derived from
allotments in the estates of 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.
(c) We will probate the estate of a deceased member of the Five Civilized
Tribes or Osage Nation who owns an interest in land derived from an individual Indian other than the Five Civilized Tribes or Osage Nation.

§ 15.102 May I notify BIA of a death if I
am not related to the decedent?
Yes. You do not need to be related to
the decedent in order to notify us of
the death. You can be a friend, neighbor, or any other interested party.
§ 15.103 When should BIA be notified
of a death?
There is no deadline for notifying us
of a death. However, you should notify
us of a death as soon as possible after
the person dies.

§ 15.4 How does the probate process
work?
The basic steps of the probate process
are:
(a) We find out about a person’s
death (see subpart B of this part for details);

§ 15.104 What other documents does
BIA need to prepare a probate
package?
(a) You should provide us with the
following documents and information

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