Title 25 — IndiansRelease 119-73

§373a Disposition of trust or restricted estate of intestate without heirs; successor tribe; sale of land

Title 25 › Chapter CHAPTER 10— - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE › § 373a

Last updated Apr 6, 2026|Official source

Summary

When the Secretary decides an Indian who held trust or restricted land died with no will and no heirs, the land and any rents or income must return to the tribe that owned it at allotment. The Secretary may pay creditors from estate funds, and existing agricultural, surface, and mineral leases stay in effect. If that tribe merged or was reorganized, its successor tribe gets the land. If no tribe or successor exists, the Secretary will hold the land (or sell it) and keep the sale money in trust for Indians he names in those states.

Full Legal Text

Title 25, §373a

Indians — Source: USLM XML via OLRC

Upon final determination by the Secretary of the Interior that the Indian holder of a trust or restricted allotment of lands or an interest therein has died intestate without heirs, the lands or interest so owned, together with all accumulated rents, issues, and profits therefrom held in trust for the decedent, shall escheat to the tribe owning the land at the time of allotment subject to the payment of such creditors’ claims as the Secretary of the Interior may find proper to be paid from the cash on hand or income accruing to said estate and subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder. If the tribe which owned the land at the time of allotment has been reorganized or reconstituted by reason of amalgamation with another tribe or group of Indians or of subdivision within the tribe or otherwise, the land shall escheat to the tribe or group which has succeeded to the jurisdiction of the original tribe over the area in question. If neither the tribe which owned the land at the time of allotment nor a successor tribe or group exists, the land or interest therein shall be held in trust for such Indians as the Secretary may designate within the State or States wherein the land is situated or, if the Secretary determines that the land cannot appropriately be used by or for such Indians, it shall be sold, subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder, and the proceeds of such sale shall be held in trust for such Indians as the Secretary may designate, within the State or States wherein the land is situated.

Reference

Citations & Metadata

Citation

25 U.S.C. § 373a

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73