25 CFR 15.12 : Indians (§ 1.1 To Parts 1201-1299) — (§ 1.1 To Appendix To Chapter I) — Bureau Of Indian Affairs, Department Of The Interior (§ 1.1 To Appendix To Chapter I) — Probate (§ 15.1 To § 18.401) — Probate Of Indian Estates, Except For Members Of The Osage Nation And The Five Civilized Tribes (§ 15.1 To § 15.505) — Introduction (§ 15.1 To § 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.