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§ 15.106 - May a probate case be initiated when an owner of an interest has been absent?

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A probate case may be initiated when either:

Information is provided to us that an owner of an interest in trust or restricted land or trust personalty has been absent without explanation for a period of at least 6 years; or

We become aware of other facts or circumstances from which an inference may be drawn that the person has died.

When we receive information as described in § 15.106(a), we may begin an investigation into the circumstances, and may attempt to locate the person. We may:

Search available electronic databases;

Inquire into other published information sources such as telephone directories and other available directories;

Examine BIA land title and lease records;

Examine the IIM account ledger for disbursements from the account; and

Engage the services of an independent firm to conduct a search for the owner.

When we have completed our investigation, if we are unable to locate the person, we may initiate a probate case and prepare a file that may include all the documentation developed in the search.

We may file a claim in the probate case to recover the reasonable costs expended to contract with an independent firm to conduct the search.

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§ 15.105 - What other documents does the agency need to prepare a probate file?
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§ 15.107 - Who prepares a probate file?