25 C.F.R. Subpart D—Probate Processing and Distributions
Title 25 - Indians
(a) After we have assembled all the documents required by §15.203, a probate specialist will refer the case to OHA for assignment to a deciding official. (b) At the same time the probate specialist refers the case to OHA, we will notify all interested parties of: (1) The right of the probable heirs or beneficiaries to request a formal hearing before an ALJ or Indian probate judge; (2) The identification of the probable legal heirs or the submission of an original or certified copy of a will or revocation and listed beneficiaries; (3) Any known claims against the estate; and (4) The address of the OHA office where the probate package has been sent. (c) We will send the notice described in paragraph (b) of this section by regular mail. It will inform the probable heirs or beneficiaries that: (1) They may ask 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; and (2) If they do not request a formal hearing, the probate case may be assigned to an attorney decision maker, who will convene an in-person informal hearing at a site convenient to most of the parties. After OHA receives the probate package, it will assign the case to a deciding official, who will conduct the probate proceeding and issue a written decision or order in accordance with 43 CFR part 4, subpart D. (a) We will not pay claims, transfer title to land, or distribute trust cash assets for 75 days after the final OHA decision or order is mailed to the interested parties. (b) If an interested party files a timely request for de novo review, a request for rehearing, or an appeal in accordance with 43 CFR part 4, subpart D, we will not pay claims, transfer title to land, or distribute trust cash assets until the request or appeal is resolved. (c) After 75 days, if no request for de novo review, request for rehearing, or appeal has been filed, or after any request or appeal has been resolved, the following actions will take place: (1) The LTRO will change its land title records for the trust and restricted property in accordance with the final decision or order; and (2) OST will pay claims and distribute the IIM account in accordance with the final decision or order.
Title 25: Indians
PART 15—PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE FIVE CIVILIZED TRIBES
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?
