---
kind: "section"
citation: "43 C.F.R. § 30.263"
title: "43"
number: "30.263"
heading: "May a surviving spouse reserve a life estate when a tribe exercises its statutory option to purchase?"
url: "https://uscodex.org/cfr/43/30.263"
---

# §30.263. May a surviving spouse reserve a life estate when a tribe exercises its statutory option to purchase?


Yes. When the heir or devisee whose interests are subject to the tribal purchase option is a surviving spouse, the spouse may reserve a life estate in one-half of the interests.

- (a) To reserve a life estate, the spouse must, within 30 days after the tribe has exercised its option to purchase the interest, file with the agency both:
  - (1) A written notice to reserve a life estate; and
  - (2) A certification that copies of the notice have been mailed on the same date to the judge and the tribe.
- (b) Failure to file the notice on time, as required by [paragraph (a)(1)](#a-1) of this section, constitutes a waiver of the option to reserve a life estate.

## Notes

### 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.