25 CFR § 15.104 - Does the agency need a death certificate to prepare a probate file?
---
identifier: "/us/cfr/t25/s15.104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 15.104 - Does the agency need a death certificate to prepare a probate file?"
title_number: 25
title_name: "Indians"
section_number: "15.104"
section_name: "Does the agency need a death certificate to prepare a probate file?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "PROBATE"
part_number: "15"
part_name: "PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE OSAGE NATION AND THE FIVE CIVILIZED TRIBES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410, 2201 44 U.S.C. 3101"
regulatory_source: "73 FR 67278, Nov. 13, 2008, unless otherwise noted."
cfr_part: "15"
---
# 15.104 Does the agency need a death certificate to prepare a probate file?
(a) Yes. You must provide us with a certified copy of the death certificate if a death certificate exists. If necessary, we will make a copy from your certified copy for our use and return your copy.
(b) If a death certificate does not exist, you must provide an affidavit containing as much information as you have concerning the deceased, such as:
(1) The State, city, reservation, location, date, and cause of death;
(2) The last known address of the deceased;
(3) Names and addresses of others who may have information about the deceased; and
(4) Any other information available concerning the deceased, such as newspaper articles, an obituary, death notices, or a church or court record.