American Indian Probate Regulations – Proposed Rule

• Feb 09 2021
  07:00

  The Department of the Interior is proposing to update regulations governing probate of property that the United States holds in trust or restricted status for American Indians. Since the regulations were last revised in 2008, the Department identified opportunities for improving the probate process. These proposed revisions would allow the Office of Hearings and Appeals (OHA) to adjudicate probate cases more efficiently by, among other things, establishing an expedited process for small, funds-only estates, reorganizing the purchase-at-probate process so that estates may be closed more quickly, streamlining notice to co-owners who are potential heirs while adding electronic notice to all by website posting, and more clearly specifying which reasons justify reopening of closed probate estates. The proposed revisions would also enhance OHA’s processing by adding certainty as to how estates should be distributed when certain circumstances arise that are not addressed in the statute. See https://www.bia.gov/as-ia/raca/regulations-and-other-documents-in-devel… for additional information.

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