25 CFR § 18.104 - May a tribe include provisions in its tribal probate code regarding the distribution and descent of trust personalty?

---
identifier: "/us/cfr/t25/s18.104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 18.104 - May a tribe include provisions in its tribal probate code regarding the distribution and descent of trust personalty?"
title_number: 25
title_name: "Indians"
section_number: "18.104"
section_name: "May a tribe include provisions in its tribal probate code regarding the distribution and descent of trust personalty?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "PROBATE"
part_number: "18"
part_name: "TRIBAL PROBATE CODES"
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  25 CFR part 15; 43 CFR part 4."
regulatory_source: "73 FR 67283, Nov. 13, 2008, unless otherwise noted."
cfr_part: "18"
---


# 18.104 May a tribe include provisions in its tribal probate code regarding the distribution and descent of trust personalty?

No. All trust personalty will be distributed in accordance with the American Indian Probate Reform Act of 2004, as amended.