---
kind: "section"
citation: "43 C.F.R. § 30.102"
title: "43"
number: "30.102"
heading: "What assets will the Secretary probate?"
url: "https://uscodex.org/cfr/43/30.102"
---

# §30.102. What assets will the Secretary probate?

- (a) We will probate only the trust or restricted land or trust personalty owned by the decedent at the time of death.
- (b) We will not probate the following property:
  - (1) Real or personal property other than trust or restricted land or trust personalty owned by the decedent at the time of death;
  - (2) Restricted land derived from allotments made to members of the Five Civilized Tribes (Cherokee, Choctaw, Chickasaw, Creek, and Seminole) in Oklahoma; and
  - (3) Restricted interests derived from allotments made to Osage Indians in Oklahoma (Osage Nation) and Osage headright interests owned by Osage decedents.
- (c) We will probate that part of the lands and assets owned by a deceased member of the Five Civilized Tribes or Osage Nation who owned either a trust interest in land or a restricted interest in land derived from an individual Indian who was a member of a Tribe other than the Five Civilized Tribes or the Osage Nation.

## Notes

### Amendments

[76 FR 7506, Feb. 10, 2011]

### Authority

Authority: 5 U.S.C. 301, 503; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457.

### Source

Source: 73 FR 67289, Nov. 13, 2008, unless otherwise noted.

### Amendments

[76 FR 7506, Feb. 10, 2011]