25 U.S.C. § 375: Determination of heirship of…

Summary

Oklahoma probate courts decide who the heirs are for a deceased citizen allottee of the Five Civilized Tribes who left restricted heirs, and that decision is final. People may appeal the decision in the same way they appeal other probate matters. If the time to start estate administration has passed or there is no legal reason to start it, someone can file a verified petition asking the court to determine the heirs and the case will go forward as if administration had begun. Unknown heirs may be notified by publication using the method for serving nonresident defendants in Oklahoma district courts. A person served by publication who does not appear or ask to be heard within six months after the final order is bound the same as if they had been personally served or had appeared. An heirship already legally decided cannot be reopened.

Title 25, §375

Indians, Source: USLM XML via OLRC

A determination of the question of fact as to who are the heirs of any deceased citizen allottee of the Five Civilized Tribes of Indians who may die or may have heretofore died, leaving restricted heirs, by the probate court of the State of Oklahoma having jurisdiction to settle the estate of said deceased, conducted in the manner provided by the laws of said State for the determination of heirship in closing up the estates of deceased persons, shall be conclusive of said question: Provided, That an appeal may be taken in the manner and to the court provided by law, in cases of appeal in probate matters generally: Provided further, That where the time limited by the laws of said State for the institution of administration proceedings has elapsed without their institution, as well as in cases where there exists no lawful ground for the institution of administration proceedings in said courts, a petition may be filed therein having for its object a determination of such heirship and the case shall proceed in all respects as if administration proceedings upon other proper grounds had been regularly begun, but this proviso shall not be construed to reopen the question of the determination of an heirship already ascertained by competent legal authority under existing laws: Provided further, That said petition shall be verified, and in all cases arising hereunder service by publication may be had on all unknown heirs, the service to be in accordance with the method of serving nonresident defendants in civil suits in the district courts of said State; and if any person so served by publication does not appear and move to be heard within six months from the date of the final order, he shall be concluded equally with parties personally served or voluntarily appearing.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Administration Expenses; Compensation; Restriction on Use of Funds; AppealAct June 30, 1919, ch. 4, § 18, 41 Stat. 21, appropriated $205,000 for expenses of administration of the affairs of the Five Civilized Tribes, Oklahoma, and the compensation of employees, prohibited any part of the appropriation from being used in forwarding the undisputed claims to be paid from individual moneys of restricted allottees, or their heirs, or in forwarding uncontested agricultural and mineral leases (excluding oil and gas leases) made by individual restricted Indian allottees, or their heirs, to the Secretary of the Interior for approval, provided that all such undisputed claims or uncontested leases (except oil and gas leases) required to be approved under existing law by the Secretary of the Interior shall be paid, approved, rejected or disapproved by the Superintendent for the Five Civilized Tribes of Oklahoma and authorized an appeal within thirty days by party aggrieved by any decision or order of the Superintendent for the Five Civilized Tribes of Oklahoma to the Secretary of the Interior.

§375 Determination of Heirship of Deceased Members of Five Civilized Tribes

Summary

Title 25, §375

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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