[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR4.202]



[Page 85-86]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 4_DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents

 

    Subpart D_Rules Applicable in Indian Affairs Hearings and Appeals

 

Sec.  4.202  General authority of deciding officials.



    (a) An attorney decision maker may conduct an informal hearing and 

render a decision in any probate case that does not require a formal 

hearing and a decision by an administrative law judge or Indian probate 

judge.

    (b) Cases that require a formal hearing and a decision by an 

administrative law judge or Indian probate judge are those that meet one 

or more of the following criteria:

    (1) A probable heir or beneficiary requests a formal hearing at any 

time before the attorney decision maker renders a decision;

    (2) A will exists that is complex, ambiguous, of questionable 

validity, or contested;

    (3) An interested party contests a claim from a creditor or family 

member;

    (4) Questions exist about family relationships, including questions 

about adoption of an heir or paternity;

    (5) The case involves a minor heir whose rights might be 

jeopardized;



[[Page 86]]



    (6) Prior probate orders conflict on an issue relevant to the case;

    (7) The jurisdiction of any court that issued an order that has been 

used as a supporting document in the case is challenged;

    (8) Questions exist concerning the decedent's domicile;

    (9) There are other problems with the case requiring an evidentiary 

hearing;

    (10) The case requires a determination as to a nonexistent person or 

other allotment irregularity under Sec.  4.203;

    (11) The case involves a presumption of death under Sec.  4.204;

    (12) The case requires a determination of escheat under Sec.  4.205;

    (13) The case requires a determination of nationality, citizenship, 

or status affecting the character of land titles under Sec.  

4.206(a)(2);

    (14) The interested parties reach a settlement agreement under Sec.  

4.207; or

    (15) The case involves a tribal purchase of a decedent's interest 

under Sec.  4.300 et seq.

    (c) For probate cases within their respective jurisdictions, 

deciding officials will:

    (1) Determine the heirs of any Indian who dies intestate possessed 

of trust property;

    (2) Approve or disapprove the will of a deceased Indian disposing of 

trust property;

    (3) Accept or reject any full or partial renunciation of interest in 

both testate and intestate proceedings;

    (4) Allow or disallow creditors' claims against the estate of a 

deceased Indian; and

    (5) Decree the distribution of trust property to heirs and 

beneficiaries.

    (d) ``Distribution'' under paragraph (c)(5) of this section includes 

partial distribution to known heirs or beneficiaries where one or more 

potential heirs or beneficiaries are missing but not presumed dead. In 

these cases, the deciding official will first attribute to and set aside 

for the missing person or persons the share or shares that the missing 

person or persons would be entitled to if living.

    (e) In any case in which de novo review is sought following a 

decision by an attorney decision maker under Sec.  4.215, an 

administrative law judge or Indian probate judge will review the case de 

novo, hold hearings as necessary or appropriate, and issue a decision.