18.106—What will the Department consider in the approval process?
A tribal probate code must meet the requirements of this section in order to receive our approval under this part.
(b)
The code must promote the policies of the Indian Land Consolidation Act (ILCA) Amendments of 2000, which are to:
(c)
Unless the conditions in paragraph (d) of this section are met, the code must not prohibit the devise of an interest to:
(2)
An Indian who is not a member of the Indian tribe with jurisdiction over the interest in the land.
(d)
If the tribal probate code prohibits the devise of an interest to the devisees in paragraph (c)(1) or (c)(2) of this section, then the code must:
(1)
Allow those devisees to renounce their interests in favor of eligible devisees as defined by the tribal probate code;
(2)
Allow a devisee who is the spouse or lineal descendant of the testator to reserve a life estate without regard to waste; and
(3)
Require the payment of fair market value as determined by the Department on the date of the decedent's death.