25 C.F.R. § 15.106 — May a probate case be initiated when an owner of an interest has been absent?
§ 15.106 May a probate case be initiated when an owner of an interest has been absent? (a) A probate case may be initiated when either: (1) 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 (2) We become aware of other facts or circumstances from which an inference may be drawn that the person has died. (b) 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: (1) Search available electronic databases; (2) Inquire into other published information sources such as telephone directories and other available directories; (3) Examine BIA land title and lease records; (4) Examine the IIM account ledger for disbursements from the account; and (5) Engage the services of an independent firm to conduct a search for the owner. (c) 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. (d) 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.