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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 25 - Indians |
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Chapter I - Bureau of Indian Affairs, Department of the Interior |
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SubChapter C - Probate |
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Part 15 - Probate of Indian Estates, Except for Members of the Osage Nation and the Five Civilized Tribes |
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Subpart A - Introduction |
§ 15.12 - What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?
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§ 15.12 What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?
(a) This section applies if an interested party or BIA:
(1) Learns of the death of a person owning trust or restricted property; and
(2) Believes that an emergency exists and the assets in the estate may be significantly diminished or destroyed before the final decision and order of a judge in a probate case.
(b) An interested party, the Superintendent, or other authorized representative of BIA has standing to request relief.
(c) The interested party or BIA representative may request:
(1) That OHA immediately assign a judge or ADM to the probate case;
(2) That BIA transfer a probate file to OHA containing sufficient information on potential interested parties and documentation concerning the alleged emergency for a judge to consider emergency relief in order to preserve estate assets; and
(3) That OHA hold an expedited hearing or consider ex parte relief to prevent impending or further loss or destruction of trust assets.
[73 FR 67278, Nov. 13, 2008, as amended at 76 FR 7505, Feb. 10, 2011]