---
kind: "section"
citation: "25 C.F.R. § 11.711"
title: "25"
number: "11.711"
heading: "Descent and distribution."
url: "https://uscodex.org/cfr/25/11.711"
---

# §11.711. Descent and distribution.

- (a) The court shall distribute the estate according to the terms of the will of the decedent which has been admitted to probate.
- (b) If the decedent died intestate or having left a will which has been rejected by the court, the estate shall be distributed as follows:
  - (1) According to the laws and customs of the tribe if such laws and customs are proved; or
  - (2) **According to state law absent the existence of tribal laws or customs.**
- (c) If no person takes under the above subsections, the estate shall escheat to the tribe.

## Notes

### Authority

Authority: 5 U.S.C. 301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208, 25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.

### Source

Source: 58 FR 54411, Oct. 21, 1993, unless otherwise noted.