25 CFR § 15.108 - If the decedent was not an enrolled member of a tribe or was a member of more than one tribe, who prepares the probate file?

---
identifier: "/us/cfr/t25/s15.108"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 15.108 - If the decedent was not an enrolled member of a tribe or was a member of more than one tribe, who prepares the probate file?"
title_number: 25
title_name: "Indians"
section_number: "15.108"
section_name: "If the decedent was not an enrolled member of a tribe or was a member of more than one tribe, who prepares the 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: "2026-03-24"
last_updated: "2026-03-24"
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"
---


# 15.108 If the decedent was not an enrolled member of a tribe or was a member of more than one tribe, who prepares the probate file?

Unless otherwise provided by Federal law, the agency that has jurisdiction over the tribe with the strongest association with the decedent will serve as the home agency and will prepare the probate file if the decedent owned interests in trust or restricted land or trust personalty and either:

(a) Was not an enrolled member of a tribe; or

(b) Was a member of more than one tribe.