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Notes

43 C.F.R. §§ 30.183–30.189

7 sections in range

§30.183. Who may receive a renounced interest in trust or restricted land if the land will descend pursuant to a valid will?

43 C.F.R. § 30.183

A devisee may renounce an interest in trust or restricted land in favor of any one or more of the following:
(a)
A lineal descendant of the testator;
(b)
A co-owner;
(c)
The Tribe with jurisdiction over the interest; or
(d)
Any Indian.
Notes, amendments, and revision history

Source

Source: 86 FR 72084, Dec. 20, 2021, unless otherwise noted.

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.

§30.184. Who may receive a renounced interest in trust or restricted land if the land will descend by intestate succession?

43 C.F.R. § 30.184

(a)
If the interest in trust or restricted land represents 5 percent or more of the entire undivided ownership of the parcel, you may renounce that interest in favor of one or more of the following:
(1)
Eligible heirs of the decedent; or
(2)
The Tribe with jurisdiction over the interest.
(b)
If the interest in the trust or restricted land represents less than 5 percent of the entire undivided ownership of the parcel, you may renounce that interest in favor of only one person or entity listed in paragraph (a) of this section, or to one Indian person related to you by blood.
Notes, amendments, and revision history

Source

Source: 86 FR 72084, Dec. 20, 2021, unless otherwise noted.

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.

§30.185. Who may receive a renounced interest in trust personalty?

43 C.F.R. § 30.185

You may renounce an interest in trust personalty in favor of any person or entity.
Notes, amendments, and revision history

Source

Source: 86 FR 72084, Dec. 20, 2021, unless otherwise noted.

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.

§30.186. How do I renounce an inherited interest?

43 C.F.R. § 30.186

To renounce an interest under § 30.180, you must file with the judge a written declaration or Tribal resolution specifying the interest to be renounced. The declaration must be signed by you and acknowledged before a notary or judge. The Tribal resolution must be approved by appropriate Tribal authorities.
(a)
In your declaration, you may retain a life estate in a specified interest in trust or restricted land and renounce the remainder interest, or you may renounce the complete interest.
(b)
If you renounce an interest in trust or restricted land, you may either:
(1)
Designate an eligible person or entity meeting the requirements of § 30.183 or § 30.184 as the recipient; or
(2)
Renounce without making a designation.
(c)
If a distribution order to add property to the decedent's estate is issued, you may renounce an inherited interest in the property to be added by notifying the judge in writing of your intent to renounce the interest within 30 days of the mailing date of the distribution order.
Notes, amendments, and revision history

Amendments

[86 FR 72084, Dec. 20, 2021, as amended at 88 FR 39769, June 20, 2023]

Source

Source: 86 FR 72084, Dec. 20, 2021, unless otherwise noted.

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

[86 FR 72084, Dec. 20, 2021, as amended at 88 FR 39769, June 20, 2023]

§30.187. What happens if I do not designate any eligible individual or entity to receive the renounced interest?

43 C.F.R. § 30.187

If you do not designate any individual or entity to receive the renounced interest, or if you designate an individual or entity who is not eligible to receive the renounced interest, the interest will descend to the decedent's heirs or devisees as if you predeceased the decedent.
Notes, amendments, and revision history

Source

Source: 86 FR 72084, Dec. 20, 2021, unless otherwise noted.

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.

§30.188. What steps will the judge take if I designate a recipient?

43 C.F.R. § 30.188

If you choose to renounce your interests in favor of a designated recipient, the judge will determine whether the designated recipient is eligible to receive the interest. If the designated recipient is eligible, the judge must notify the designated recipient of the renunciation.
Notes, amendments, and revision history

Source

Source: 86 FR 72084, Dec. 20, 2021, unless otherwise noted.

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.

§30.189. May my designated recipient refuse to accept the interest?

43 C.F.R. § 30.189

Yes. Your designated recipient may refuse to accept the interest, in which case the renounced interest will descend to the devisees or heirs of the decedent as if you had predeceased the decedent. When the judge notifies the designated recipient of the renunciation, the judge will specify a deadline for the recipient to file a written refusal to accept the interest. If no written refusal is received before the deadline, the interest will descend to the designated recipient.
Notes, amendments, and revision history

Source

Source: 86 FR 72084, Dec. 20, 2021, unless otherwise noted.

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.