Payment of claims against estates.

§ 117.28 Payment of claims against estates. The superintendent may disburse to the executor or administrator of the estate of a deceased Indian of one-half or more Indian blood who did not have a certificate of competency at the time of his death sufficient funds out of the estate to pay the following classes of claims approved by the court: (a) Debts authorized by the superintendent during the lifetime of the Indian. (b) Expenses incurred pending the qualifications of an executor or administrator under authority contained in § 117.26. (c) Expenses of administration, including court costs, premium on bond of executor or administrator, transcript fees and appraiser fees. (d) Living expenses incurred within 90 days immediately preceding the date of death of the Indian. (e) Allowance for reasonable living expenses each month for 12 months to a surviving spouse who is entitled to participate in the distribution of the estate and who is in need of such support. (f) Allowance for reasonable living expenses each month for 12 months for each child of the decedent under 21 years of age who is entitled to participate in the distribution of the estate and who is in need of such support. (g) Insurance premiums and license fees on restricted property. (h) Not to exceed $1,000 for the preservation and upkeep of restricted property including the services of a caretaker when necessary. (i) Debts incurred during the lifetime of the Indian but not authorized by the superintendent, if found by the Commissioner to be just and payable. The superintendent shall disburse no funds to an executor or administrator for the payment of the foregoing classes of claims unless the executor or administrator has no other funds in his hands available for the payment of such claims. [22 FR 10554, Dec. 24, 1957, as amended at 35 FR 10005, June 18, 1970. Redesignated at 47 FR 13327, Mar. 30, 1982]