25 C.F.R. § 15.10

What assets will the Secretary probate?

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(a) We will probate only the trust or restricted land, or trust personalty owned by the decedent at the time of death.

(b) We will not probate the following property:

(1) Real or personal property other than trust or restricted land or trust personalty owned by the decedent at the time of death;

(2) Restricted land derived from allotments made to members of the Five Civilized Tribes (Cherokee, Choctaw, Chickasaw, Creek, and Seminole) in Oklahoma; and

(3) Restricted interests derived from allotments made to Osage Indians in Oklahoma (Osage Nation) and Osage headright interests owned by Osage decedents.

(c) We will probate that part of the lands and assets owned by a deceased member of the Five Civilized Tribes or Osage Nation who owned a trust interest in land or a restricted interest in land derived from an individual Indian who was a member of a Tribe other than the Five Civilized Tribes or Osage Nation.

[76 FR 7505, Feb. 10, 2011]

Notes of Decisions

Cited in 2 cases, 2018–2019 · leading case: Est. of Ducheneaux v. Ducheneaux (In Re Est. of Ducheneaux), 2018 SD 26 (S.D. 2018).

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Est. of Ducheneaux v. Ducheneaux (In Re Est. of Ducheneaux), 2018 SD 26 (S.D. 2018). “§ 2206 (2012) ); see also 25 C.F.R. § 15.10 (b)(1) ("[The Secretary of Interior] will not probate .”

In the Matter of the Est. of Edward Amos Comenout Jr. (Wash. Ct. App. 2019). “147; 25 C.F.R. § 15.10 . Based on the terms of the 2012 distribution decree and the applicable law, the Cobell funds were generated after Mr.”

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