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Rule2021-272572021-12-20

American Indian Probate Regulations

Interior Department, Indian Affairs Bureau,

Abstract

The Department of the Interior (Department) is finalizing updates to its regulations governing probate of property that the United States holds in trust or restricted status for American Indians, in an effort to continually improve the services the Department provides to individual Indians and Tribes. These updates allow the Office of Hearings and Appeals (OHA) to adjudicate probate cases more efficiently by, among other things, establishing an expedited process for small, funds-only estates, reorganizing the purchase-at-probate process so that estates may be closed more quickly, and specifying which reasons justify reopening of closed probate estates. The revisions also enhance OHA's processing by adding certainty as to how estates should be distributed when certain circumstances arise that are not addressed in the statute, and improve notification to interested parties by, among other things, requiring posting of probate notices on a devoted OHA web page.

Action & Dates

Action
Final rule.
Dates
This rule is effective on January 19, 2022.
Effective Date
2022-01-19

CFR References

Topics

Administrative practice and procedureClaimsEstatesIndiansIndians-lawLawyers

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of the Interior Bureau of Indian Affairs Office of the Secretary 25 CFR Part 15 43 CFR Part 30 [212A2100DD/AAKC001030/A0A501010.999900 253G] RIN 1094-AA55 AGENCY: Bureau of Indian Affairs, Office of the Secretary, Interior. ACTION: Final rule. SUMMARY: The Department of the Interior (Department) is finalizing updates to its regulations governing probate of property that the United States holds in trust or restricted status for American Indians, in an effort to continually improve the services the Department provides to individual Indians and Tribes. These updates allow the Office of Hearings and Appeals (OHA) to adjudicate probate cases more efficiently by, among other things, establishing an expedited process for small, funds-only estates, reorganizing the purchase-at-probate process so that estates may be closed more quickly, and specifying which reasons justify reopening of closed probate estates. The revisions also enhance OHA's processing by adding certainty as to how estates should be distributed when certain circumstances arise that are not addressed in the statute, and improve notification to interested parties by, among other things, requiring posting of probate notices on a devoted OHA web page. DATES: This rule is effective on January 19, 2022. FOR FURTHER INFORMATION CONTACT: Elizabeth K. Appel, Director, Office of Regulatory Affairs & Collaborative Action—Indian Affairs, Elizabeth.appel@bia.gov , (202) 273-4680. SUPPLEMENTARY INFORMATION: I.

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Full Document

Citation: 86 FR 72068