---
kind: "section"
citation: "25 C.F.R. § 15.12"
title: "25"
number: "15.12"
heading: "What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?"
url: "https://uscodex.org/cfr/25/15.12"
---

# §15.12. What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?

- (a) This section applies if an interested party or BIA:
  - (1) Learns of the death of a person owning trust or restricted property; and
  - (2) Believes that an emergency exists and the assets in the estate may be significantly diminished or destroyed before the final decision and order of a judge in a probate case.
- (b) An interested party, the Superintendent, or other authorized representative of BIA has standing to request relief.
- (c) The interested party or BIA representative may request:
  - (1) That OHA immediately assign a judge or ADM to the probate case;
  - (2) That BIA transfer a probate file to OHA containing sufficient information on potential interested parties and documentation concerning the alleged emergency for a judge to consider emergency relief in order to preserve estate assets; and
  - (3) That OHA hold an expedited hearing or consider ex parte relief to prevent impending or further loss or destruction of trust assets.

## Notes

### Amendments

[73 FR 67278, Nov. 13, 2008, as amended at 76 FR 7505, Feb. 10, 2011]

### 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.

### Amendments

[73 FR 67278, Nov. 13, 2008, as amended at 76 FR 7505, Feb. 10, 2011]