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5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410, 2201 et seq.; 44 U.S.C. 3101 et seq.; 25 CFR part 15; 43 CFR part 4.
73 FR 67283, Nov. 13, 2008, unless otherwise noted.
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Yes. A tribe may create and adopt a single heir rule for intestate succession. The single heir rule may specify a single recipient other than the one specified in 25 U.S.C. 2206(a)(2)(D).
The tribe must follow the same procedures as for submitting a tribal probate code to the Department for approval.
We have 90 days from receipt by the Assistant Secretary of a single heir rule submitted separate from a tribal probate code to approve or disapprove a single heir rule.
If we approve the single heir rule, we will notify the tribe of the approval and forward a copy of the single heir rule to OHA.
If we disapprove a single heir rule, we must provide the tribe with a written notification of the disapproval that includes an explanation of the reasons for the disapproval.
(a) A single heir rule may not become effective sooner than 180 days after the date of approval by the Department.
(b) If a single heir rule is deemed approved through inaction by the Department, then the single heir rule will become effective 180 days after it is deemed approved.
(c) The single heir rule will apply only to the estate of a decedent who dies on or after the effective date of the single heir rule.
No. There is no right of appeal within the Department from a decision to approve or disapprove a single heir rule.