25 U.S.C. § 375a — Jurisdiction of Secretary of the Interior over probate and distribution of estates not exceeding $2,500

submitted 84 years ago by ch. 813 to r/title-25-INDIANS · 162 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior has sole power to probate small estates of restricted Five Civilized Tribes members. This applies only when the estate is $2,500 or less in funds or securities. Which inheritance law applies depends on the decedent's date of death.

The Secretary of the Interior has exclusive power to decide who inherits, and to handle the probate, of a deceased restricted Indian's estate from the Five Civilized Tribes of Oklahoma — whether the person was enrolled or not — but only when that restricted estate is worth $2,500 or less and consists only of funds or securities the Department of the Interior controls. The Secretary must give notice and hold a hearing before deciding, following rules the Secretary sets. Which inheritance law applies depends on when the person died. If the decedent died before December 24, 1942, the funds and securities — including any share of tribal funds — are distributed under the inheritance law that applied on the date of death. If the decedent died on or after December 24, 1942, all those funds and securities, including tribal funds, are distributed under Oklahoma's inheritance law.

the actual law source: uscode.house.gov ↗public domain

Exclusive jurisdiction is hereby conferred on the Secretary of the Interior to determine the heirs after notice and hearing under such rules and regulations as he may prescribe, and to probate the estate of any deceased restricted Indian, enrolled or unenrolled, of the Five Civilized Tribes of Oklahoma, whenever the restricted estate consists only of funds or securities under the control of the Department of the Interior of an aggregate value not exceeding $2,500: Provided, That where such decedent died prior to December 24, 1942, the distribution of such funds and securities, including the decedent’s share of any tribal funds, shall be made in accordance with the statute of descent and distribution applicable at the date of death: And provided further, That where the decedent dies subsequently to December 24, 1942 distribution of all such funds and securities, including tribal funds aforesaid, shall be effected in accordance with the statute of descent and distribution of the State of Oklahoma.

Source credit: (Dec. 24, 1942, ch. 813, § 1, 56 Stat. 1080.)

history & why it existsrecord from the source credit

1942Enacted · Act of Dec. 24, 1942, ch. 813 · 56 Stat. 1080

A history note hasn’t been published yet. The record shows enactment by ch. 813 on 1942-12-24.

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