---
kind: "section"
citation: "25 C.F.R. § 15.106"
title: "25"
number: "15.106"
heading: "May a probate case be initiated when an owner of an interest has been absent?"
url: "https://uscodex.org/cfr/25/15.106"
---

# §15.106. May a probate case be initiated when an owner of an interest has been absent?

- (a) A probate case may be initiated when either:
  - (1) 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
  - (2) We become aware of other facts or circumstances from which an inference may be drawn that the person has died.
- (b) When we receive information as described in [§ 15.106(a)](#a), we may begin an investigation into the circumstances, and may attempt to locate the person. We may:
  - (1) Search available electronic databases;
  - (2) Inquire into other published information sources such as telephone directories and other available directories;
  - (3) Examine BIA land title and lease records;
  - (4) Examine the IIM account ledger for disbursements from the account; and
  - (5) **Engage the services of an independent firm to conduct a search for the owner.**
- (c) 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.
- (d) 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

### 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.