[Title 25 CFR B]
[Code of Federal Regulations (annual edition) - April 1, 2002 Edition]
[Title 25 - INDIANS]
[Chapter I - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR]
[Subchapter C - PROBATE]
[Part 15 - PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE FIVE CIVILIZED TRIBES]
[Subpart B - Starting the Probate Process]
[From the U.S. Government Printing Office]


25INDIANS12002-04-012002-04-01falseBSubpart BINDIANSBUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIORPROBATEPROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE FIVE CIVILIZED TRIBES
                 Subpart B--Starting the Probate Process



Sec. 15.101  How do I begin the BIA probate process?

    As soon as possible you should contact the nearest BIA agency or 
regional office where the decedent was enrolled to inform us of the 
decedent's death. You must provide a certified copy of the death 
certificate, if one exists. If a death certificate does not exist, you 
may provide one or more of the following:
    (a) A copy of the obituary notice from a local newspaper; or
    (b) Any other document that we accept that verifies the death, such 
as a church record or a court record; and
    (c) An affidavit of death prepared by the tribe with whom the 
decedent was

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associated or someone who knows about the decedent's death that supports 
the information in paragraph (a) or (b) of this section.



Sec. 15.102  May I notify the BIA of a death if I am not related to the decedent?

    Yes. You do not need to be related to the decedent in order to 
notify us of the death. You can be a friend, neighbor, or any other 
interested party.



Sec. 15.103  When should the BIA be notified of a death?

    There is no deadline for notifying us of a death. However, you 
should notify us of a death as soon as possible after the person dies.



Sec. 15.104  What other documents does the BIA need to process a probate package?

    (a) You should provide us with the following documents and 
information before we can begin to process the probate package.
    (1) Social Security number of the decedent;
    (2) The birth certificate or other record of birth of the decedent;
    (3) All death records including those listed in Sec. 15.101;
    (4) A list of known creditors against the estate and their 
addresses;
    (5) Current names and addresses of potential heirs and 
beneficiaries;
    (6) Any statements renouncing an interest in the estate;
    (7) Documents from a court of competent jurisdiction, including but 
not limited to:
    (i) All marriage licenses of the decedent;
    (ii) All divorce decrees of the decedent;
    (iii) Adoption and guardianship records relevant to the decedent;
    (iv) Any sworn statements regarding the decedent's family, including 
any statements of paternity or maternity;
    (v) Any name changes; and
    (vi) Order requiring payment of child support;
    (8) All original or certified copies of wills and codicils, and any 
revocations; and
    (9) Any additional documents you provide or that we request.
    (b) You must inform us if any of the documents or information 
identified in this part are not available.



Sec. 15.105  Will the BIA wait to begin the probate process until it is notified of the decedent's death?

    No. We may find out about the death of a person without being 
notified by an interested party. If we do, and if the decedent meets the 
criteria in Sec. 15.3, we will initiate the process to collect the 
necessary documentation. You should not assume that we will find out 
about a death. To assure timely distribution of the estate, you should 
notify us as provided in Sec. 15.101.



Sec. 15.106  Can I get emergency assistance for funeral services from the decedent's IIM account?

    (a) If you are responsible for making the funeral arrangements on 
behalf of the family of a decedent who had an IIM account and you have 
an immediate need to pay for funeral arrangements prior to burial, you 
may make a request to the BIA for up to $1,000 from the decedent's IIM 
account if the decedent's IIM account has more than $2,500 in the 
account at the date of death.
    (b) You must apply for this assistance and submit to the BIA an 
original itemized estimate of the cost of the service to be rendered and 
the identification of the service provider.
    (c) We may approve reasonable costs up to $1,000 that are necessary 
for the burial services, taking into consideration the total amount in 
the account, the number of probable heirs or beneficiaries of whom we 
are aware, the amount of any claims against the account of which we are 
aware, and any other relevant factor.
    (d) We will make payments directly to the providers of the services.



Sec. 15.107  Who prepares an Indian probate package?

    The probate specialist or probate clerk at the agency or tribe where 
the decedent is an enrolled member will prepare the probate package in 
consultation with the probable heirs or beneficiaries who can be 
located.

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Sec. 15.108  What agency prepares the probate package if the decedent was not an enrolled member of a tribe or is a member of more than one tribe?

    (a) If the decedent was not an enrolled member of a tribe, but owns 
interests in trust or restricted property, the agency that has 
jurisdiction over the tribe with the strongest association with the 
decedent will prepare the probate package, unless otherwise provided by 
federal law.
    (b) If the decedent was is a member of more than one tribe, the 
agency that has jurisdiction over the tribe with the strongest 
association with the decedent will prepare the probate package, unless 
otherwise provided by federal law.



Sec. 15.109  Can a probable heir or beneficiary give up his/her interest in trust or restricted lands or trust funds?

    Unless otherwise provided by federal law or a tribal inheritance 
code approved by the Secretary, you must file a statement renouncing 
your interest with the BIA or the OHA before the deciding official 
issues an order.
    (a) If you are a non-Indian and 21 years or older, you may give up 
all or part of your interest by submitting a notarized statement in 
which you renounce your interest in the estate.
    (b) If you are an Indian and 21 years or older and you wish to give 
up all or part of your interest in the estate, we must refer your 
request to the OHA in accordance with 43 CFR 4.208.