Title 25IndiansRelease 119-73

§378 Partition of allotment among heirs; patents

Title 25 › Chapter CHAPTER 10— - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE › § 378

Last updated Apr 6, 2026|Official source

Summary

If the Interior Secretary finds inherited trust land can be divided to help heirs, he can split the land, give full ownership titles to heirs who can manage, and trust titles to those who cannot; trust ends per original patent.

Full Legal Text

Title 25, §378

Indians — Source: USLM XML via OLRC

If the Secretary of the Interior shall find that any inherited trust allotment or allotments are capable of partition to the advantage of the heirs, he may cause such lands to be partitioned among them, regardless of their competency, patents in fee to be issued to the competent heirs for their shares and trust patents to be issued to the incompetent heirs for the lands respectively or jointly set apart to them, the trust period to terminate in accordance with the terms of the original patent or order of extension of the trust period set out in said patent.

Reference

Citations & Metadata

Citation

25 U.S.C. § 378

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73