§ 15.311 - What is in the written decision/order of the BIA deciding official?  


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  • The BIA deciding official issues a written decision/order that:

    (1) In intestate cases: Lists the names, relationship to the decedent, and shares of the heirs; provides citations to the law of descent and distribution; or the fact that the decedent died leaving no legal heirs;

    (2) In testate cases: approves or disapproves a will; interprets provisions of the approved will; provides the names and relationship of the beneficiaries to the decedent; describes the property each beneficiary is to receive;

    (3) Allows or disallows claims against the estate; orders the amount of payment for all approved claims;

    (4) States whether the heirs or beneficiaries are Indian or non-Indian;

    (5) Determines any rights of dower, curtesy or homestead which may constitute a burden upon the interest of the heirs;

    (6) Attaches a certified copy of the inventory of trust or restricted lands, if any; and

    (7) Advises all interested parties of their appeal rights in accordance with subpart E of this part.