25 U.S.C. § 375 — Determination of heirship of deceased members of Five Civilized Tribes
submitted 108 years ago by ch. 101 to r/title-25-INDIANS · 302 words · no verdicts yet
Oklahoma probate courts decide who inherits from a deceased Five Civilized Tribes member with restricted land. Their decision is final, though it can be appealed. Unknown heirs can be notified by published notice and are bound if they don't respond within six months.
When a Five Civilized Tribes citizen who held restricted land dies, Oklahoma's probate courts decide who the heirs are. Once an Oklahoma probate court — using the state's normal probate procedures — makes that decision, it is final and conclusive on that question. A party can appeal that decision the same way parties appeal other probate matters.
Sometimes Oklahoma's deadline for starting probate (administration) proceedings passes without anyone starting one, or there's no lawful reason to start one. In those cases, someone can file a petition just to have the heirs determined, and the case proceeds as though a normal administration proceeding had begun. But this rule cannot be used to reopen a question of heirship that a court has already, properly decided.
The petition must be verified (sworn to be true). Any heirs whose identity or location is unknown can be served by publication, following the same rules Oklahoma uses to serve nonresident defendants in ordinary civil lawsuits. If someone served this way does not show up and ask to be heard within six months of the court's final order, that person is bound by the outcome exactly as if they had been personally served or had shown up voluntarily.
A determination of the question of fact as to who are the heirs of any deceased citizen allottee of the Five Civilized Tribes of Indians who may die or may have heretofore died, leaving restricted heirs, by the probate court of the State of Oklahoma having jurisdiction to settle the estate of said deceased, conducted in the manner provided by the laws of said State for the determination of heirship in closing up the estates of deceased persons, shall be conclusive of said question: Provided, That an appeal may be taken in the manner and to the court provided by law, in cases of appeal in probate matters generally: Provided further, That where the time limited by the laws of said State for the institution of administration proceedings has elapsed without their institution, as well as in cases where there exists no lawful ground for the institution of administration proceedings in said courts, a petition may be filed therein having for its object a determination of such heirship and the case shall proceed in all respects as if administration proceedings upon other proper grounds had been regularly begun, but this proviso shall not be construed to reopen the question of the determination of an heirship already ascertained by competent legal authority under existing laws: Provided further, That said petition shall be verified, and in all cases arising hereunder service by publication may be had on all unknown heirs, the service to be in accordance with the method of serving nonresident defendants in civil suits in the district courts of said State; and if any person so served by publication does not appear and move to be heard within six months from the date of the final order, he shall be concluded equally with parties personally served or voluntarily appearing.
Source credit: (June 14, 1918, ch. 101, § 1, 40 Stat. 606.)
- 1918Enacted · Act of June 14, 1918, ch. 101 · 40 Stat. 606
A history note hasn’t been published yet. The record shows enactment by ch. 101 on 1918-06-14.
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