25 CFR § 15.12 - What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?

---
identifier: "/us/cfr/t25/s15.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 15.12 - What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?"
title_number: 25
title_name: "Indians"
section_number: "15.12"
section_name: "What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?"
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"
---


# 15.12 What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?

(a) This section applies if an interested party or BIA:

(1) Learns of the death of a person owning trust or restricted property; and

(2) Believes that an emergency exists and the assets in the estate may be significantly diminished or destroyed before the final decision and order of a judge in a probate case.

(b) An interested party, the Superintendent, or other authorized representative of BIA has standing to request relief.

(c) The interested party or BIA representative may request:

(1) That OHA immediately assign a judge or ADM to the probate case;

(2) That BIA transfer a probate file to OHA containing sufficient information on potential interested parties and documentation concerning the alleged emergency for a judge to consider emergency relief in order to preserve estate assets; and

(3) That OHA hold an expedited hearing or consider ex parte relief to prevent impending or further loss or destruction of trust assets.

[73 FR 67278, Nov. 13, 2008, as amended at 76 FR 7505, Feb. 10, 2011]