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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Bureau of Indian Affairs, Interior

§ 15.108

before we can begin to process the probate package:
(1) Social Security number of the decedent;
(2) The birth certificate or other
record of birth of the decedent, if available;
(3) The death certificate or other reliable evidence of death as required by
§ 15.101;
(4) A list of known creditors against
the estate and their addresses;
(5) Current names and addresses of
potential heirs and beneficiaries;
(6) Any statements renouncing an interest in the estate;
(7) Documents from a court of competent jurisdiction, including but not
limited to:
(i) All marriage licenses of the decedent;
(ii) All divorce decrees of the decedent;
(iii) Adoption and guardianship
records relevant to the decedent;
(iv) Any sworn statements regarding
the decedent’s family, including any
statements of paternity or maternity;
(v) Any name changes; and
(vi) Any order requiring payment of
child support;
(8) All originals or copies of wills and
codicils, and any revocations; and
(9) Any additional documents you
provide or that we request.
(b) You must inform us if any of the
documents or information identified in
this part are not available.

(1) You are responsible for making
the funeral arrangements on behalf of
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 assistance
under paragraph (a) of this section and
submit to BIA 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
up to $1,000 that are necessary for the
burial services, taking into consideration:
(1) The total amount in the account;
(2) The number of probable heirs or
beneficiaries of whom we are aware;
(3) The amount of any claims against
the account of which we are aware; and
(4) The availability of non-trust
funds, and any other relevant factor.
(d) We will make payments directly
to the providers of the services.
§ 15.107 Who prepares an Indian probate package?
The probate specialist or probate
clerk at the agency or tribe where the
decedent is an enrolled member will
prepare the probate package in consultation with the probable heirs or
beneficiaries who can be located.

§ 15.105 Will BIA wait to begin the probate process until it is notified of
the decedent’s death?

§ 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 package?

No, we will not wait to begin the probate process until we are notified of
the decedent’s death. If we find out
about the death of a person, and if the
decedent meets the criteria in § 15.3, we
will initiate the process to collect the
necessary documentation. You should
not assume that we will find out about
a death. To assure timely distribution
of the estate, you should notify us as
provided in § 15.101.

Unless otherwise provided by Federal
law, the BIA 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 package if the decedent either:
(a) Was not an enrolled member of a
tribe, but owns interests in trust or restricted property; or
(b) Was a member of more than one
tribe.

§ 15.106 Can I get emergency assistance for funeral services from the
decedent’s IIM account?
(a) You may ask BIA for up to $1,000
from the decedent’s IIM account if:

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