(a) A judge may order a property interest to be partitioned if:
- (1) A will attempts to divide an allotment into two or more distinct portions and devises at least one of those portions;
- (2) The decedent was the sole owner of the allotment;
- (3) The allotment is held entirely in trust or restricted status; and
- (4) The devise describes the portions of the allotment in a manner that allows the judge to readily ascertain which portion of the allotment descends to each intended devisee.
- (b) If the requirements of paragraph (a) of this section are not met, the judge may find that a devise of a portion of an undivided allotment fails.
[86 FR 72084, Dec. 20, 2021]