43 CFR 30.128 – What happens if an error in BIA’s estate inventory is alleged?
This section applies when, during a probate proceeding, an interested party alleges that the estate inventory prepared by BIA is inaccurate and should be corrected.
Terms Used In 43 CFR 30.128
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Probate: Proving a will
(a) Alleged inaccuracies may include, but are not limited to, the following:
(1) Trust property should be removed from the inventory because the decedent executed a gift deed or gift deed application during the decedent’s lifetime, and BIA had not, as of the time of death, determined whether to approve the gift deed or gift deed application;
(2) Trust property should be removed from the inventory because a deed through which the decedent acquired the property is invalid;
(3) Trust property should be added to the inventory; and
(4) Trust property included in the inventory is described improperly, although an erroneous recitation of acreage alone is not considered an improper description.
(b) When an error in the estate inventory is alleged, the OHA deciding official will refer the matter to BIA for resolution under 25 CFR parts 150, 151, or 152 and the appeal procedures at 25 CFR part 2.
(1) If BIA makes a final determination resolving the inventory challenge before the judge issues a final decision in the probate proceeding, the probate decision will reflect the inventory determination.
(2) If BIA does not make a final determination resolving the inventory challenge before the judge issues a final decision in the probate proceeding, the final probate decision will:
(i) Include a reference to the pending inventory challenge; and
(ii) Note that the probate decision is subject to administrative modification once the inventory dispute has been resolved.