[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: 25CFR15.205]

[Page 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. 15.205  When will the BIA refer a probate to the OHA?

    We will refer a probate to the OHA under Sec. 15.203(d) if the 
probate specialist determines that a referral is appropriate. In 
determining whether to refer a probate to the OHA, the probate 
specialist will consider all of the criteria listed below:
    (a) Problems with the will. The probate specialist will refer the 
probate package to the OHA if it appears that the will:
    (1) Is likely to be contested;
    (2) Is complex or ambiguous; or
    (3) Is of questionable validity.
    (b) Contested claims. The probate specialist will refer the probate 
package to the OHA if you:
    (1) Contest a creditor claim; or
    (2) Contest a claim made by a family member.
    (c) Other problems. The probate specialist will be refer the probate 
package to the OHA if it appears there are:
    (1) Questions about family relationships;
    (2) Conflict in prior probate orders;
    (3) Problems with the evidence;
    (4) Questions about adoption of an heir;
    (5) Questions involving paternity;
    (6) Presumptions of death;
    (7) Rights of minor heirs that might be jeopardized;
    (8) Disclaimers of interests by Indian probable heirs or 
beneficiaries;
    (9) Determinations of escheat under 43 CFR Sec. 4.205;
    (10) Challenges to the jurisdiction of any court that issued an 
order that has been used as a supporting document; or
    (11) Questions concerning the decedent's domicile.
    (d) Approval of settlement agreements. The probate specialist will 
refer the case to the OHA if there is a settlement agreement between 
heirs or beneficiaries as to the disposition of the estate.