CFR > Title 43 - Public Lands: Interior > SUBTITLE A—Office of the Secretary of the Interior > PART 30—INDIAN PROBATE HEARINGS PROCEDURES > SUBPART A—Scope of Part; Definitions (§30.100 to §30.102) > 30.102—Will the Secretary probate all the land or assets in an estate?

30.102—Will the Secretary probate all the land or assets in an estate?

(a) We will probate only the trust or restricted land or trust personalty in an estate.
(b) We will not probate the following property:
(1) Real or personal property other than trust or restricted land or trust personalty in an estate of a decedent;
(2) Restricted land derived from allotments in the estates of members of the Five Civilized Tribes (Cherokee, Choctaw, Chickasaw, Creek, and Seminole) in Oklahoma; and
(3) Restricted interests derived from allotments made to Osage Indians in Oklahoma (Osage Nation) and Osage headright interests owned by Osage decedents.
(c) We will probate that part of the estate of a deceased member of the Five Civilized Tribes or Osage Nation who owned either:
(1) A trust interest in land; or
(2) A restricted interest in land derived from an individual Indian who was a member of a tribe other than the Five Civilized Tribes or Osage Nation.