25 C.F.R. Subpart C—Preparing the Probate Package
Title 25 - Indians
Once we receive the documents that you provide us under §15.104, the probate specialist or probate clerk will: (a) Use the documents to prepare a probate package; and (b) Consult with you and any other sources to obtain any additional information needed for a complete package. (a) If you wish to make a claim against the estate of a decedent, you must submit to us an original and two copies of an itemized statement of the debt. The statement must show the amount of the original debt and the remaining balance on the date of the decedent's death. (b) The itemized statement must state whether you have filed a claim against the decedent's non-trust assets. (c) We must receive your claim within 60 days from the date we received the verification of the decedent's death in §15.101 to include the claim as part of the probate package. The complete probate package must contain all of the following: (a) A certified copy of the death certificate, or if one does not exist, some other reliable evidence of death as required by §15.101; (b) A completed Form OHA–7, “Data for Heirship Findings and Family History,” certified by BIA, with the enrollment or other identifying number shown for each potential heir or beneficiary, if such number has been assigned; (c) A certified inventory of trust or restricted real property; (d) A statement describing all income generating activity; (e) A copy of the decedent's IIM account ledger showing the balance of the account at the date of death and the balance of the account at the date of probate package submission; (f) All original or certified copies of wills, codicils, and any revocations of wills or codicils; (g) Any statements renouncing interest that have been submitted to the agency; (h) Claims of creditors against the estate, date stamped to show when the agency received them; (i) All documentation of payment of claims before the probate proceeding; (j) All other documents required in §15.104; (k) Tribal options to purchase interests of a decedent; (l) Affidavit of the probate clerk or probate specialist describing what efforts have been made to locate any missing probable heirs and beneficiaries; and (m) Any other documentation that may be required at the time of probate proceedings.
Title 25: Indians
PART 15—PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE FIVE CIVILIZED TRIBES
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?
