---
kind: "section"
citation: "43 C.F.R. § 30.266"
title: "43"
number: "30.266"
heading: "When is a final decision issued?"
url: "https://uscodex.org/cfr/43/30.266"
---

# §30.266. When is a final decision issued?


This section applies when a decedent is shown to have owned land interests in any one or more of the reservations designated in [§ 30.260](/cfr/43/30.260.md).

- (a) The probate proceeding relative to the determination of heirs, approval or disapproval of a will, and the claims of creditors must first be concluded as final for the Department under this part. This decision is referred to in this section as the “probate decision.”
- (b) At the formal probate hearing, a finding must be made on the record showing those interests in land, if any, that are subject to the tribal purchase option.
  - (1) The finding must be included in the probate decision and must state:
    - (i) The apparent rights of the tribe as against affected heirs or devisees; and
    - (ii) The right of a surviving spouse whose interests are subject to the tribal purchase option to reserve a life estate in one-half of the interests.
  - (2) If the finding is that there are no interests subject to the tribal purchase option, the decision must so state.
  - (3) A copy of the probate decision, together with a copy of the valuation report, must be distributed to all interested parties under [§ 30.237](/cfr/43/30.237.md).

## Notes

### Amendments

[73 FR 67289, Nov. 13, 2008, as amended at 76 FR 7508, 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

[73 FR 67289, Nov. 13, 2008, as amended at 76 FR 7508, Feb. 10, 2011]