In other words, when an AI/AN passes away and owned trust or restricted lands and/or trust funds at the time of death, there must be a way of transferring the trust lands/funds to the deceased person’s heirs or to whoever is to take ownership under the terms of a will. *For purposes of this guide “ trust personalty” will be referred to as “ trust funds” throughout the remainder of this guide. (4) Order the transfer of any trust or restricted land or trust personalty to the heirs, devisees, or other persons or entities entitled by law to receive them.” (3) Determine whether claims against the estate will be paid from trust personalty* and (2) Determine the validity of wills and determine devisees
“Probate means the legal process by which applicable tribal, Federal, or State law that affects the distribution of a decedent's estate is applied in order to: How must minors or other legal incompetents be represented? 43 CFR part 30, § 30.253 What happens if the judge reopens the case? 43 CFR part 30, § 30.245 May a closed probate case be reopened? 43 CFR part 30, § 30.243 May a judge reopen a probate case to correct errors and omissions? 43 CFR part 30, § 30.125 May I file a petition for rehearing if I disagree with the judge's decision in the formal probate hearing? 43 CFR part 30, § 30.238ĭoes any distribution of the estate occur while a petition for rehearing is pending?43 CFR part 30, § 30.239 What happens after the probate order is issued? 25 CFR part 15, § 15.403 What notice of the decision will the judge provide? 43 CFR part 30, § 30.237 Must testimony in a probate proceeding be under oath or affirmation? 43 CFR part 30, § 30.225 How may I obtain documents related to the probate proceeding? 43 CFR part 30, § 30.215 How will I receive notice of the formal probate proceeding? 43 CFR part 30, § 30.210 What is a summary probate proceeding? 43 CFR part 30, § 30.200
What action will the judge take if the interested parties agree to settle matters among themselves? 43 CFR part 30, § 30.150 Will I receive notice of the probate proceeding? 43 CFR part 30, § 30.114
How may I find out the status of a probate? 25 CFR part 15, § 15.501 What happens if there is not enough trust personalty to pay all the claims? 43 CFR part 30, § 30.147 May I file a claim against an estate? 25 CFR part 15, § 15.302 May I receive funds from the decedent's IIM account for funeral services? 25 CFR part 15, § 15.301 What happens after the probate file is referred to OHA? 25 CFR part 15, § 15.402 May a probate case be initiated when an owner of an interest has been absent? 25 CFR part 15, § 15.106 What other documents does the agency need to prepare a probate file? 25 CFR part 15, § 15.105 How do I begin the probate process? 25 CFR part 15, § 15.103ĭoes the agency need a death certificate to prepare a probate file? 25 CFR part 15, § 15.104 What happens if assets in a trust estate may be diminished or destroyed while the probate is pending? 25 CFR part 15, § 15.12 What are the basic steps of the probate process? 25 CFR part 15, § 15.11 What assets will the Secretary probate? 25 CFR part 15, § 15.10 What are the basic steps of the probate process? You may call or visit your local Bureau of Indian Affairs Agency office (Agency), Tribal Probate Program office, Office of the Special Trustee for American Indians (OST), or Office of Hearings and Appeals (OHA) for more information.
#HOW DO I BUY THE HEIRS OST PROFESSIONAL#
Each case is unique and may have special factors therefore, if you want professional advice for your legal situation you should seek the advice and counsel of an attorney. Probate laws can and do change and are sometimes complex.
This guide is for informational purposes only and is not intended to provide legal advice. This information pertains only to the probate of Trust or Restricted Lands and Trust Personalty as defined by 25 CFR part 15 and 43 CFR part 30. This guide is intended to provide American Indian and Alaska Native (AI/AN) trust or restricted landowners with basic information about the Department of the Interior’s (DOI) probate process. A Guide to help American Indians & Alaska Natives understand the Department of the Interior’s (DOI) Probate Process.
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