§ 15.106. May a probate case be initiated when an owner of an interest has been absent?
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/us/cfr/t25/s§ 15.106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A probate case may be initiated when either:
(1)Information is provided to us that an owner of an interest in trust or restricted land or trust personalty has been absent without explanation for a period of at least 6 years; or
(2)We become aware of other facts or circumstances from which an inference may be drawn that the person has died.
(b)When we receive information as described in § 15.106(a), we may begin an investigation into the circumstances, and may attempt to locate the person. We may:
(1)Search available electronic databases;
(2)Inquire into other published information sources such as telephone directories and other available directories;
(3)Examine BIA land title and lease records;
(4)Examine the IIM account ledger for disbursements from the account; and
(5)Engage the services of an independent firm to conduct a search for the owner.
(c)When we have completed our investigation, if we are unable to locate the person, we may initiate a probate case and prepare a file that may include all the documentation developed in the search.
(d)We may file a claim in the probate case to recover the reasonable costs expended to contract with an independent firm to conduct the search.