CFR > Title 25 - Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER B—LAW AND ORDER (parts 10 to 13) > PART 11—COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE > SUBPART G—Probate Proceedings (§11.700 to §11.713) > 11.711—Descent and distribution.

11.711—Descent and distribution.

(a) The court shall distribute the estate according to the terms of the will of the decedent which has been admitted to probate.
(b) If the decedent died intestate or having left a will which has been rejected by the court, the estate shall be distributed as follows:
(1) According to the laws and customs of the tribe if such laws and customs are proved; or
(2) According to state law absent the existence of tribal laws or customs.
(c) If no person takes under the above subsections, the estate shall escheat to the tribe.