43 CFR § 30.254
What happens when a person dies without a valid will and has no heirs?
June 11, 2020
CFR

The judge will determine whether a person with trust or restricted property died intestate and without heirs, and the judge will determine whether 25 U.S.C. 2206(a) applies, as shown in the following table.

Open Table
If .  .  . Then .  .  . Or .  .  .
(a) 25 U.S.C. 2206(a) applies The judge will order distribution of the property under §2206(a)(2)(B)(v) through (a)(2)(C) The judge will order distribution of the property under §2206(a)(2)(D)(iii)(IV) through (V).
(b) 25 U.S.C. 2206(a) does not apply If the trust or restricted property is not on the public domain, the judge will order the escheat of the property under 25 U.S.C. 373a If the trust or restricted property is on the public domain, the judge will order the escheat of the property under 25 U.S.C. 373b.

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