Title 25, IndiansRelease 119-102
§378 Partition of Allotment Among Heirs; Patents
Title 25 › CHAPTER 10 — DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE › § 378
Summary
Allows the Secretary of the Interior to split inherited trust allotments among heirs when that will benefit them. The Secretary may give fee patents to heirs judged competent and trust patents to heirs judged incompetent; trust ends per the 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 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102