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25 U.S.C. § 373 — Disposal by will of allotments held under trust
Federal law — U.S. Code and appendices · legal_authorities
Any persons of the age of eighteen years or older having any right, title, or interest in any allotment held under trust or other patent containing restrictions on alienation or individual Indian moneys or other property held in trust by the United States shall have the right prior to the expiration of the trust or restrictive period, and before the issuance of a fee simple patent or the removal of restrictions, to dispose of such property by will, in accordance with the Indian Land Consolidation Act [[25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.] or a tribal probate code approved under such Act and regulations to be prescribed by the Secretary of the Interior: Provided, however, That no will so executed shall be valid or have any force or effect unless and until it shall have been approved by the Secretary of the Interior: Provided further, That the Secretary of the Interior may approve or disapprove the will either before or after the death of the testator, and in case where a will has been approved and it is subsequently discovered that there has been fraud in connection with the execution or procurement of the will the Secretary of the Interior is authorized within one year after the death of the testator to cancel the approval of the will, and the property of the testator shall thereupon descend or be distributed in accordance with the laws of the State wherein the property is located: Provided further, That the approval of the will and the death of the testator shall not operate to terminate the trust or restrictive period, but the Secretary of the Interior may, in his discretion, cause the lands to be sold and the money derived therefrom, or so much thereof as may be necessary, used
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Source file: Laws/federal/codes/united-states-code/title-25/section-373-disposal-by-will-of-allotments-held-under-trust--aa9f57679c.md
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Source location: Title 25, Chapter 10, § 373; chapter-010-descent-and-distribution-heirs-of-allottee.md
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Any persons of the age of eighteen years or older having any right, title, or interest in any allotment held under trust or other patent containing restrictions on alienation or individual Indian moneys or other property held in trust by the United States shall have the right prior to the expiration of the trust or restrictive period, and before the issuance of a fee simple patent or the removal of restrictions, to dispose of such property by will, in accordance with the Indian Land Consolidation Act [[25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.] or a tribal probate code approved under such Act and regulations to be prescribed by the Secretary of the Interior: Provided, however, That no will so executed shall be valid or have any force or effect unless and until it shall have been approved by the Secretary of the Interior: Provided further, That the Secretary of the Interior may approve or disapprove the will either before or after the death of the testator, and in case where a will has been approved and it is subsequently discovered that there has been fraud in connection with the execution or procurement of the will the Secretary of the Interior is authorized within one year after the death of the testator to cancel the approval of the will, and the property of the testator shall thereupon descend or be distributed in accordance with the laws of the State wherein the property is located: Provided further, That the approval of the will and the death of the testator shall not operate to terminate the trust or restrictive period, but the Secretary of the Interior may, in his discretion, cause the lands to be sold and the money derived therefrom, or so much thereof as may be necessary, used for the benefit of the heir or heirs entitled thereto, remove the restrictions, or cause patent in fee to be issued to the devisee or devisees, and pay the moneys to the legatee or legatees either in whole or in part from time to time as he may deem advisable, or use it for their benefit: Provided also, That this section and [section 372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section372&num=0&edition=prelim) shall not apply to the Five Civilized Tribes or the Osage Indians.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) “Indian tribe” or “tribe” means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust;
(2) “Indian” means—
(A) any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an owner (as of October 27, 2004) of a trust or restricted interest in land;
(B) any person meeting the definition of Indian under the Indian Reorganization Act ([25 U.S.C. 479](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section479&num=0&edition=prelim)) 11 See References in Text note below. and the regulations promulgated thereunder; and
(C) with respect to the inheritance and ownership of trust or restricted land in the State of California pursuant to [section 2206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2206&num=0&edition=prelim), any person described in subparagraph (A) or (B) or any person who owns a trust or restricted interest in a parcel of such land in that State.22 So in original. The period probably should be a semicolon.
(3) “Secretary” means the Secretary of the Interior;
(4)
(i) “trust or restricted lands” means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation; and (ii) “trust or restricted interest in land” or “trust or restricted interest in a parcel of land” means an interest in land, the title to which interest is held in trust by the United States for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States a
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Federal law — U.S. Code and appendices · legal_authorities
When any Indian to whom an allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as hereinafter provided, the Secretary of the Interior, upon notice and hearing, under the Indian Land Consolidation Act [[25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.] or a tribal probate code approved under such Act and pursuant to such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decisions shall be subject to judicial review to the same extent as determinations rendered under [section 373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section373&num=0&edition=prelim). If the Secretary of the Interior decides the heir or heirs of such decedent competent to manage their own affairs, he shall issue to such heir or heirs a patent in fee for the allotment of such decedent; if he shall decide one or more of the heirs to be incompetent, he may, in his discretion, cause such lands to be sold: Provided, That if the Secretary of the Interior shall find that the lands of the decedent are capable of partition to the advantage of the heirs, he may cause the shares of such as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor. All sales of lands allotted to Indians authorized by this or any other Act shall be made under such rules and regulations and upon such terms as the Secretary of the Interior may prescribe, and he shall require a deposit of 10 per centum of the purchase price at the time of the sale. Should the purchaser fail to comply wi
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 372
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Federal law — U.S. Code and appendices · legal_authorities
Page 436
TITLE 25—INDIANS
§ 2201
1 See References in Text note below.
2 So in original. The period probably should be a semicolon.
Sec.
2202.
Other applicable provisions.
2203.
Adoption of land consolidation plan with ap-
proval of Secretary.
2204.
Purchase of trust or restricted or controlled
lands at no less than fair market value; req-
uisite conditions.
2205.
Tribal probate codes; acquisitions of frac-
tional interests by tribes.
2206.
Descent and distribution.
2207.
Full faith and credit to tribal actions under
tribal ordinances limiting descent and dis-
tribution of trust or restricted or controlled
lands.
2208.
Conveyancing authority upon sale or ex-
change of tribal lands; removal of trust sta-
tus of individually owned lands.
2209.
Trusteeship title of United States for any In-
dian or Indian tribe.
2210.
Tax exemption.
2211.
Governing body of tribe; construction of
chapter as not vesting with authority not
authorized by tribal constitution or by-
laws.
2212.
Fractional interest acquisition program.
2213.
Administration of acquired fractional inter-
ests; disposition of proceeds.
2214.
Establishing fair market value.
2215.
Acquisition Fund.
2216.
Trust and restricted land transactions.
2217.
Reports to Congress.
2218.
Approval of leases, rights-of-way, and sales of
natural resources.
2219.
Application to Alaska.
2220.
Owner-managed interests.
2221.
Annual notice and filing; current where-
abouts of interest owners.
§ 2201. Definitions
For the purpose of this chapter—
(1) ‘‘Indian tribe’’ or ‘‘tribe’’ means any In-
dian tribe, band, group, pueblo, or community
for which, or for the members of which, the
United States holds lands in trust;
(2) ‘‘Indian’’ means—
(A) any person who is a member of any In-
dian trib
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
Page 106
TITLE 25—INDIANS
§ 372–2
May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 181.
June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 185.
July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 284.
July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 107.
Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 345.
Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 256.
May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 104.
June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 92.
June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 155.
July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 257.
June 13, 1956, ch. 380, title I, 70 Stat. 257.
June 16, 1955, ch. 147, title I, 69 Stat. 141.
Aug. 26, 1954, ch. 935, Ch. VII, 68 Stat. 813.
Statutory Notes and Related Subsidiaries
SAVINGS PROVISION
Pub. L. 101–301, § 12(b), May 24, 1990, 104 Stat. 211, pro-
vided that: ‘‘Hearing officers heretofore appointed to
preside over Indian probate proceedings pursuant to the
proviso repealed by subsection (a) [25 U.S.C. 372–1], hav-
ing met the qualifications required for appointment
pursuant to section 3105 of title 5, United States Code,
shall be deemed to have been appointed pursuant to
that section.’’
§ 372–2. Indian probate judges
Notwithstanding any other provision of law,
for fiscal year 2006 and each fiscal year there-
after, for the purpose of adjudicating Indian pro-
bate cases in the Department of the Interior, the
hearing requirements of chapter 10 of this title
are deemed satisfied by a proceeding conducted
by an Indian probate judge, appointed by the
Secretary without regard to the provisions of
title 5 governing the appointments in the com-
petitive service, for such period of time as the
Secretary determines necessary: Provided, That
the basic pay of an Indian probate judge so ap-
p
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 373
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