§15.106. May a probate case be initiated when an owner of an interest has been absent?
25 C.F.R. § 15.106
A probate case may be initiated when either:
Information is provided to us that an owner of an interest in trust or restricted land or trust personalty has been absent without explanation for a period of at least 6 years; or
We become aware of other facts or circumstances from which an inference may be drawn that the person has died.
When we receive information as described in § 15.106(a), we may begin an investigation into the circumstances, and may attempt to locate the person. We may:
Search available electronic databases;
Inquire into other published information sources such as telephone directories and other available directories;
Examine BIA land title and lease records;
Examine the IIM account ledger for disbursements from the account; and
Engage the services of an independent firm to conduct a search for the owner.
When we have completed our investigation, if we are unable to locate the person, we may initiate a probate case and prepare a file that may include all the documentation developed in the search.
We may file a claim in the probate case to recover the reasonable costs expended to contract with an independent firm to conduct the search.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410, 2201 et seq.; 44 U.S.C. 3101 et seq.
Source
Source: 73 FR 67278, Nov. 13, 2008, unless otherwise noted.