---
kind: "section"
citation: "43 C.F.R. § 30.400"
title: "43"
number: "30.400"
heading: "What may be purchased at probate?"
url: "https://uscodex.org/cfr/43/30.400"
---

# §30.400. What may be purchased at probate?

- (a) The judge may allow an eligible purchaser to purchase at probate all or part of the trust or restricted land in the estate of a person who died on or after June 20, 2006. Any interest in trust or restricted land, including a life estate that is part of the estate (i.e., a life estate owned by the decedent but measured by the life of someone who survives the decedent), may be purchased at probate, except as provided in [paragraph (b)](#b) of this section.
- (b) Purchase of minerals-only real property interests (i.e., an allotment that does not include a surface interest) may be considered for purchase at probate only if sufficient evidence of the fair market value of the real property interest is submitted. No interest in a minerals-only property may be purchased at probate on the basis of the value of the minerals themselves.

## Notes

### Source

Source: 86 FR 72090, 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.