{"data":{"id":"us/25-cfr-15.12","jurisdiction":"us","citation":"25 CFR 15.12","heading":"What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?","body":"(a) This section applies if an interested party or BIA:\n(1) Learns of the death of a person owning trust or restricted property; and\n(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.\n(b) An interested party, the Superintendent, or other authorized representative of BIA has standing to request relief.\n(c) The interested party or BIA representative may request:\n(1) That OHA immediately assign a judge or ADM to the probate case;\n(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\n(3) That OHA hold an expedited hearing or consider ex parte relief to prevent impending or further loss or destruction of trust assets.","path":["Title 25—Indians","CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR","SUBCHAPTER C—PROBATE","PART 15—PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE OSAGE NATION AND THE FIVE CIVILIZED TRIBES","Subpart A—Introduction"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-25.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:59Z","sha256":"16cf7ed53ab1c79334af1966ed35fd18903e46adbb943a9d1594d38e83d5b903","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-15.11","next":"us/25-cfr-15.101"},"notice":"GroundRules: Original legal text. Not legal advice."}