Title 25, IndiansRelease 119-102

§375a Jurisdiction of Secretary of the Interior Over Probate and Distribution of Estates Not Exceeding $2,500

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

Last updated Aug 21, 2026|Official source

Summary

Gives the Secretary of the Interior sole authority to decide who the heirs are, after notice and a hearing under rules the Secretary makes, and to settle the estate of a deceased restricted Indian (enrolled or not) of the Five Civilized Tribes of Oklahoma when the estate only has funds or securities held by the Department of the Interior and totals $2,500 or less. If the person died before December 24, 1942, the money must be distributed under the inheritance law that applied on the date of death. If the person died after December 24, 1942, the money must be distributed under 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 25, Indians

Last Updated

Aug 21, 2026

Release point: 119-102