§ 15.404. What happens if BIA identifies additional property of a decedent after the probate decision is issued?

298 words·~1 min read·/us/cfr/t25/s§ 15.404·

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If, after OHA issues the probate decision, BIA identifies additional trust or restricted property of a decedent that it had not already identified at the time of the decision, then BIA will submit a petition to OHA for an order directing distribution of the additional property.

(a)The petition must identify the additional property and the source of that property (e.g., inheritance or approval of a deed) and must include the following:

(1)A certified inventory describing the additional trust or restricted land, if applicable, or, if the additional property is trust personalty, documents verifying the balance and source of the additional trust personalty, and a statement that the inventory lists only the property to be added;

(2)A copy of the decision, or modification or distribution order and corresponding inventory issued in the probate case from which the property was inherited by the decedent, if applicable;

(3)A statement identifying each newly added share of any allotment that increases the decedent's total share of the ownership interest of the allotment to 5 percent or more;

(4)A copy of BIA's notification to the Tribes with jurisdiction over the interests of the list of the additional interests that represent less than 5 percent of the entire undivided ownership of each parcel (after being added to the decedent's estate) under § 15.401(b); and

(5)A certification that all interested parties have been associated to the case and their names and addresses are current.

(b)BIA may submit the petition at any time after issuance of the decision.

(c)BIA must send a copy of the petition and all supporting documentation to each interested party at the time of filing and include a certification of service. \[86 FR 72082, Dec. 20, 2021, amended at 88 FR 39769, June 20, 2023\]

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§ 15.404

What happens if BIA identifies additional property of a decedent after the probate decision is issued?

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