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