[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR15.203]

[Page 68-69]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 15--PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE FIVE CIVILIZED TRIBES--Table of Contents
 
                Subpart C--Preparing the Probate Package
 
Sec. 15.203  What happens after the BIA prepares the probate package?

    Within 30 days after all the documents required by Sec. 15.105 and 
Sec. 15.202 are received, a probate specialist will review the probate 
package and determine who will be the appropriate deciding official.
    (a) If the decedent's estate contains only trust cash assets of a 
value less than $5,000 not including any interest that may have accrued 
after the death of the decedent, the probate package may be processed in 
accordance with Sec. 15.206 and may be referred to a BIA

[[Page 69]]

deciding official subject to the provisions in Sec. 15.205.
    (b) All other probate cases will be referred to a BIA attorney 
decision maker or an OHA deciding official subject to the provisions in 
Sec. 15.205.
    (c) We will notify all interested parties of:
    (1) The right of the probable heirs or beneficiaries to request a 
formal hearing before an ALJ;
    (2) The identification of the probable legal heirs; or
    (3) The submission of an original or certified copy of a will or 
revocation and listed beneficiaries;
    (4) Any known claims against the estate; and (5) The address of the 
designated office where the probate package has been sent.
    (d) If the deciding official is at the BIA and you have not 
requested a formal hearing before an ALJ, the probate specialist will 
send the probate package to the BIA deciding official within 30 days 
after the date the probate specialists mailed the notice to you.
    (e) If the deciding official is at the OHA, then we will send the 
probate package to the OHA deciding official and notify the probable 
heirs that they may ask the OHA for an in-person hearing at a site 
convenient to most of the parties, a video conference or teleconference 
hearing (if available), or a decision based on documents in the probate 
package.
    (f) On the same day that the probate specialist has determined who 
will be the designated deciding official, we will notify you of this 
determination by certified mail, return receipt requested.