43 CFR 30.507 – How will trust personalty be distributed if decedent died intestate on or after June 20, 2006, and the Act does not specify how the trust personalty should be distributed?
When the judge determines that a decedent died intestate on or after June 20, 2006, without a surviving spouse or eligible heirs under the Act, and without trust or restricted land over which one, and only one, Indian Tribe has jurisdiction, the judge will direct distribution of trust personalty, including trust funds that were on deposit in the decedent’s IIM account or owing to the decedent as of the decedent’s date of death, as follows:
Terms Used In 43 CFR 30.507
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) To the decedent’s surviving children, grandchildren, great-grandchildren, parents, or siblings who are not eligible heirs under the Act, in the order set forth in 25 U.S.C. § 2206(a)(2)(B).
(b) If trust personalty does not descend under paragraph (a) of this section, then to the decedent’s surviving nieces and nephews, in equal shares.
(c) If trust personalty does not descend under paragraph (b) of this section, then to the Indian Tribe in which the decedent was enrolled at the time the decedent died.
(d) If trust personalty does not descend under paragraph (c) of this section, then:
(1) To the Indian Tribe in which the decedent’s biological parents were enrolled, if both were enrolled in the same Tribe;
(2) To the Indian Tribes in which the decedent’s biological parents were enrolled, in equal shares, if each of the decedent’s biological parents was enrolled in a different Tribe; or
(3) If only one biological parent was enrolled in an Indian Tribe, to the Indian Tribe in which that biological parent was enrolled.
(e) If trust personalty does not descend under paragraph (d) of this section, then:
(1) To the Indian Tribe in which the decedent’s biological grandparents were enrolled; if all enrolled biological grandparents were enrolled in the same Tribe;
(2) To the Indian Tribes in which the decedent’s biological grandparents were enrolled, in equal shares, if two or more of the decedent’s biological grandparents were enrolled in different Tribes; or
(3) If only one biological grandparent was enrolled in an Indian Tribe, to the Indian Tribe in which that biological grandparent was enrolled.
(f) If trust personalty does not descend under paragraph (e) of this section, then to an Indian Tribe selected by the judge, in consideration of the following factors:
(1) The origin of the funds in the decedent’s IIM account;
(2) The Tribal designator contained in the owner identification number or IIM account number assigned to the decedent by BIA; and
(3) The geographic origin of the decedent’s Indian ancestors.