43 CFR 30.102 – What assets will the Secretary probate?
(a) We will probate only the trust or restricted land or trust personalty owned by the decedent at the time of death.
Terms Used In 43 CFR 30.102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- Personal property: All property that is not real property.
- Probate: Proving a will
(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 either 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 the Osage Nation.