{"data":{"id":"us/25-cfr-18.2","jurisdiction":"us","citation":"25 CFR 18.2","heading":"What definitions do I need to know?","body":"Act means the Indian Land Consolidation Act and its amendments, including the American Indian Probate Reform Act of 2004 (AIPRA), Public Law 108-374, as codified at 25 U.S.C. 2201 et seq.\nDay means a calendar day.\nDecedent means a person who is deceased.\nDepartment means the Department of the Interior.\nDevise means a gift of property by will. Also, to give property by will.\nDevisee means a person or entity that receives property under a will.\nIndian means, for the purposes of the Act:\n(1) Any person who is a member of a federally recognized Indian tribe, is eligible to become a member of any federally recognized Indian tribe, or is an owner (as of October 27, 2004) of a trust or restricted interest in land;\n(2) Any person meeting the definition of Indian under 25 U.S.C. 479; or\n(3) With respect to the inheritance and ownership of trust or restricted land in the State of California under 25 U.S.C. 2206, any person described in paragraph (1) or (2) of this definition or any person who owns a trust or restricted interest in a parcel of such land in that State.\nIntestate means that the decedent died without a will.\nOHA means the Office of Hearings and Appeals within the Department of the Interior.\nRestricted lands means real property, the title to which is held by an Indian but which cannot be alienated or encumbered without the Secretary's consent. For the purpose of probate proceedings, restricted lands are treated as if they were trust lands. Except as the law may provide otherwise, the term “restricted lands” as used in this part does not include the restricted lands of the Five Civilized Tribes of Oklahoma or the Osage Nation.\nTestator means a person who has executed a will.\nTrust lands means real property, or an interest therein, the title to which is held in trust by the United States for the benefit of an individual Indian or tribe.\nTrust personalty means all tangible personal property, funds, and securities of any kind that are held in trust in an IIM account or otherwise supervised by the Secretary.\nWe or us means the Secretary or an authorized representative of the Secretary.","path":["Title 25—Indians","CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR","SUBCHAPTER C—PROBATE","PART 18—TRIBAL PROBATE CODES","Subpart A—General Provisions"],"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":"6485f5ea68e2ed3787c636776c5e1f2a466b9a84782516bc4764147d4de7d68b","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-18.1","next":"us/25-cfr-18.101"},"notice":"GroundRules: Original legal text. Not legal advice."}