[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR15.1]

[Page 64]
 
                            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 A_Introduction
 
Sec. 15.1  What is the purpose of this part?




                         Subpart A_Introduction

Sec.
15.1 What is the purpose of this part?
15.2 What terms do I need to know?
15.3 Will the Secretary probate all the property in Indian estates?
15.4 How does the probate process work?

                 Subpart B_Starting the Probate Process

15.101 How do I begin the BIA probate process?
15.102 May I notify BIA of a death if I am not related to the decedent?
15.103 When should BIA be notified of a death?
15.104 What other documents does BIA need to prepare a probate package?
15.105 Will BIA wait to begin the probate process until it is notified 
          of the decedent's death?
15.106 Can I get emergency assistance for funeral expenses from the 
          decedent's IIM account?
15.107 Who prepares an Indian probate package?
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 package?

                 Subpart C_Preparing the Probate Package

15.201 What will BIA do with the documents that I provide?
15.202 If the decedent owed me money, how do I file a claim against the 
          estate?
15.203 What must the complete probate package contain?

             Subpart D_Probate Processing and Distributions

15.301 What happens after BIA prepares the probate package?
15.302 What happens after the probate package is referred to OHA?
15.303 What happens after the probate decision is made?

                    Subpart E_Information and Records

15.401 How can I find out the status of a probate?
15.402 Who owns the records associated with this part?
15.403 How must records associated with this part be preserved?

    Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410; 44 U.S.C. 3101 
et seq.
    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; Funds of deceased Indians other than the Five Civilized Tribes, see 
Title 25 Code of Federal Regulations, Part 115.

    Source: 70 FR 11808, Mar. 9, 2005, unless otherwise noted.



    This part contains the procedures that the Secretary follows to 
initiate the probate of the trust estate of a deceased individual Indian 
who owned trust or restricted property. This part tells you how to file 
the necessary documents to probate the trust estate. This part also 
describes how probates will be processed by BIA, and how probates will 
be sent to the OHA for disposition.