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Code of Federal Regulations 67 (April 2014)

handle is hein.nccusl/nccpubmtpc3783 and id is 1 raw text is: SUBCHAPTER C-PROBATE PART 15-PROBATE OF INDIAN ES- TATES, EXCEPT FOR MEMBERS OF THE OSAGE NATION AND THE FIVE CIVILIZED TRIBES Subpart A-Introduction Sec. 15.1 What is the purpose of this part? 15.2 What definitions do I need to know? 15.3 Who can make a will disposing of trust or restricted land or trust personalty? 15.4 What are the requirements for a valid will? 15.5 May I revoke my will? 15.6 May my will be deemed revoked by the operation of the law of any State? 15.7 What is a self-proved will? 15.8 May I make my will, codicil, or revoca- tion self-proved? 15.9 What information must be included in an affidavit for a self-proved will, codicil, or revocation? 15.10 What assets will the Secretary pro- bate? 15.11 What are the basic steps of the probate process? 15.12 What happens if assets in a trust es- tate may be diminished or destroyed while the probate is pending? Subpart B-Starting the Probate Process 15.101 When should I notify the agency of a death of a person owning trust or re- stricted property? 15.102 Who may notify the agency of a death? 15.103 How do I begin the probate process? 15.104 Does the agency need a death certifi- cate to prepare a probate file? 15.105 What other documents does the agen- cy need to prepare a probate file? 15.106 May a probate case be initiated when an owner of an interest has been absent? 15.107 Who prepares the probate file? 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 probate file? Subpart C-Preparing the Probate File 15.201 What will the agency do with the doc- uments that I provide? 15.202 What items must the agency include in the probate file? 15.203 What information must Tribes pro- vide BIA to complete the probate file? 15.204 When is a probate file complete? Subpart D-Obtaining Emergency Assistance and Filing Claims 15.301 May I receive funds from the dece- dent's IIM account for funeral services? 15.302 May I file a claim against an estate? 15.303 Where may I file my claim against an estate? 15.304 When must I file my claim? 15.305 What must I include with my claim? Subpart E-Probate Processing and Distributions 15.401 What happens after BIA prepares the probate file? 15.402 What happens after the probate file is referred to OHA? 15.403 What happens after the probate order isis sued? Subpart F-Information and Records 15.501 How may I find out the status of a probate? 15.502 Who owns the records associated with this part? 15.503 How must records associated with this part be preserved? 15.504 Who may inspect records and records management practices? 15.505 How does the Paperwork Reduction Act affect this part? AUTHORITY: 5 U.S.C. 301; 25 U.S.C. 2, 9, 372- 74, 410, 2201 et seq.; 44 U.S.C. 3101 et seq. CRoss REFERENCE: For special rules apply- ing to proceedings in Indian Probate (Deter- mination of Heirs and Approval of Wills, Ex- cept 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, and part 30; Funds of deceased Indians other than the Five Civilized Tribes, see title 25 Code of Federal Regulations, part 115. SOURCE: 73 FR 67278, Nov. 13, 2008, unless otherwise noted. Subpart A-introduction § 15.1 What is the purpose of this part? (a) This part contains the procedures that we follow to initiate the probate of the estate of a deceased person for whom the United States holds an inter- est in trust or restricted land or trust personalty. This part tells you how to

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