{"data":{"id":"us/43-cfr-4.201","jurisdiction":"us","citation":"43 CFR 4.201","heading":"Definitions.","body":"In addition to the definitions in subpart A of this part, the following definitions apply to this subpart:\nAdversely affected means that a person or entity has a legally protected interest that was or is likely to be injured by the action, decision, or order on appeal.\nAgency means:\n(1) The Bureau of Indian Affairs (BIA) agency office, or any other designated office in BIA, having jurisdiction over trust or restricted land and trust personalty; and\n(2) Any office of a Tribe that has entered into a contract or compact to fulfill the probate function under 25 U.S.C. 5321 or 5363.\nAppellant means a person or entity appealing an action, decision, or order to the Board.\nBoard means the Interior Board of Indian Appeals within OHA.\nDay means a calendar day.\nDecedent means a person who is deceased.\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.\nEstate means the trust or restricted land and trust personalty owned by the decedent at the time of death.\nFormal probate proceeding means a proceeding, conducted by a probate judge, in which evidence is obtained through the testimony of witnesses and the receipt of relevant documents.\nHeir means any individual or entity eligible to receive property from a decedent in an intestate proceeding.\nIndividual Indian Money (IIM) account means an interest-bearing account for trust funds held by the Secretary that belong to a person who has an interest in trust assets. These accounts are under the control and management of the Secretary.\nInterested party means a person or entity adversely affected by the action, decision, or order on appeal, or whose interest would be adversely affected if that action, decision, or order were modified, reversed, or set aside. In an appeal from an order of a probate judge, the term “interested party” is limited to:\n(1) Any potential or actual heir;\n(2) Any devisee under a will;\n(3) Any person or entity asserting a claim against a decedent's estate;\n(4) Any Tribe having a statutory option to purchase the trust or restricted property interest of a decedent; or\n(5) Any co-owner exercising a purchase option.\nIntestate means that the decedent died without a valid will as determined in the probate proceeding.\nLTRO means the Land Titles and Records Office within BIA.\nOHA means Office of Hearings and Appeals, Department of the Interior.\nProbate means the legal process by which applicable tribal, Federal, or State law that affects the distribution of a decedent's estate is applied in order to:\n(1) Determine the heirs;\n(2) Determine the validity of wills and determine devisees;\n(3) Determine whether claims against the estate will be paid from trust personalty; and\n(4) Order the transfer of any trust or restricted land or trust personalty to the heirs, devisees, or other persons or entities entitled by law to receive them.\nProbate judge means an ALJ or IPJ in the Probate Hearings Division.\nRestricted property 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 purposes of probate proceedings, restricted property is treated as if it were trust property. Except as the law may provide otherwise, the term “restricted property” as used in this part does not include the restricted lands of the Five Civilized Tribes of Oklahoma or the Osage Nation.\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.\nTrust property means real or personal 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.\nWill means a written testamentary document that was executed by the decedent and attested to by two disinterested adult witnesses, and that states who will receive the decedent's trust or restricted property.","path":["Title 43—Public Lands: Interior","Subtitle A—Office of the Secretary of the Interior","PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES","Subpart D—Rules Applicable to Appeals Before the Interior Board of Indian Appeals"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-43.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:15Z","sha256":"2ef91cd45fb7be36818da65998711c931412806a766e434c4578930c94ff7b12","source_id":"us-cfr","stale":true,"prev":"us/43-cfr-4.200","next":"us/43-cfr-4.202-4.308"},"notice":"GroundRules: Original legal text. Not legal advice."}