Will the judge determine matters of status and nationality?

  1. Law
  2. CFR 43
  3. Public Lands: Interior
  4. Office of the Secretary of the Interior
  5. Indian Probate Hearings Procedures
  6. Judicial Authority and Duties
  7. Will the judge determine matters of status and nationality?

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§ 30.123 Will the judge determine matters of status and nationality?

(a) The judge in a probate proceeding will determine:

(1) If relevant, the status of eligible heirs or devisees as Indians;

(2) If relevant, the nationality or citizenship of eligible heirs or devisees; and

(3) Whether any of the Indian heirs or devisees with U.S. citizenship are individuals for whom the supervision and trusteeship of the United States has been terminated.

(b) A judge may make determinations under this section in a current probate proceeding or in a completed probate case after a reopening without regard to a time limit.

[73 FR 67289, Nov. 13, 2008, as amended at 86 FR 72084, Dec. 20, 2021]


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