43 C.F.R. § 4.302 Conclusion of probate and tribal exercise of statutory option.
Title 43 - Public Lands: Interior
(a) Conclusion of probate; findings in the probate decision. (1) When a decedent is shown to have owned land interests in any one or more of the reservations designated in §4.300, the probate proceeding relative to the determination of heirs, approval or disapproval of a will, and the claims of creditors will first be concluded as final for the Department in accordance with §§4.216 through 4.282 and §§4.310 through 4.323. This decision is referred to in this section as the “probate decision.” (2) At the formal probate hearing, a finding must be made on the record showing those interests in land, if any, that are subject to the tribal option. (i) The finding must be included in the probate decision setting forth the apparent rights of the tribe as against affected heirs or beneficiaries and the right of a surviving spouse whose interests are subject to the tribal option to reserve a life estate in one-half of such interests. (ii) If the finding is that there are no interests subject to the tribal option, the decision must so state. (iii) A copy of the probate decision, to which must be attached a copy of the valuation report, must be distributed to all interested parties in accordance with §4.240. (b) Tribal exercise of statutory option. (1) A tribe may purchase all or a part of the available interests specified in the probate decision within 60 days of the probate decision unless a petition for rehearing or a demand for hearing has been filed under §§4.304 or 4.305. (2) If a petition for rehearing or a demand for hearing has been filed, a tribe may purchase all or a part of the available interests specified in the probate decision within 20 days from the date of the decision on rehearing or hearing, whichever is applicable. A tribe may not, however, claim an interest less than the decedent's total interest in any one individual tract. (3) The tribe must file a written notice of purchase with the Superintendent, together with the tribe's certification that copies have been mailed on the same date to the administrative law judge or Indian probate judge and to the affected heirs or beneficiaries. Upon failure to timely file a notice of purchase, the right to distribution of all unclaimed interests will accrue to the heirs or beneficiaries.
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart D—Rules Applicable in Indian Affairs Hearings and Appeals
Tribal Purchase of Interests Under Special Statutes
§ 4.302 Conclusion of probate and tribal exercise of statutory option.
