---
kind: "section"
citation: "43 C.F.R. § 30.264"
title: "43"
number: "30.264"
heading: "When must BIA furnish a valuation of a decedent's interests?"
url: "https://uscodex.org/cfr/43/30.264"
---

# §30.264. When must BIA furnish a valuation of a decedent's interests?

- (a) BIA must furnish a valuation report of the decedent's interests when the record reveals to the agency:
  - (1) That the decedent owned interests in land located on one or more of the reservations designated in [§ 30.260](/cfr/43/30.260.md); and
  - (2) That one or more of the probable heirs or devisees who may receive the interests either:
    - (i) Is not enrolled in the tribe of the reservation where the land is located; or
    - (ii) Does not have the required blood quantum in the tribe to hold the interests against a claim made by the tribe.
- (b) When required by [paragraph (a)](#a) of this section, BIA must furnish a valuation report in the probate file when it is submitted to OHA. Interested parties may examine and copy, at their expense, the valuation report at the agency.
- (c) The valuation must be made on the basis of the fair market value of the property, as of the date of decedent's death.
- (d) If there is a surviving spouse whose interests may be subject to the tribal purchase option, the valuation must include the value of a life estate based on the life of the surviving spouse in one-half of such interests.

## 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.