Title 25IndiansRelease 119-73

§375a Jurisdiction of Secretary of the Interior over probate and distribution of estates not exceeding $2,500

Title 25 › Chapter CHAPTER 10— - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE › § 375a

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior has the sole power to decide who inherits and to handle the probate of a deceased restricted Indian (enrolled or not) of the Five Civilized Tribes of Oklahoma when the estate is only money or securities held by the Department of the Interior and the total value is $2,500 or less. He must give notice and hold a hearing under rules he sets. If the person died before December 24, 1942, the money and any tribal funds are distributed under the law that applied when they died. If the person died after December 24, 1942, those funds are distributed under the State of Oklahoma’s statute of descent and distribution.

Full Legal Text

Title 25, §375a

Indians — Source: USLM XML via OLRC

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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 375a

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73