Title Examination Standards
Chapter 1, App.
Chapter 17. Title through Decedents' Estates
§17 Notice to the Regional Director of the Bureau of Indian Affairs.

1. 17. NOTICE TO THE REGIONAL DIRECTOR OF THE BUREAU OF INDIAN AFFAIRS

   CAVEAT: The examiner is advised that notice must be given to the Regional Director of the Bureau of Indian Affairs of certain probate proceedings of a member of the Five Civilized Tribes in which a final order was entered after August 4, 1947.

   In any such probate proceeding in which a final order was entered after August 4, 1947, but on or before December 31, 2019, which proceeding includes property restricted in the hands of a decedent of one-half or more quantum of Indian blood, written notice must have been served on the Regional Director of the Bureau of Indian Affairs (or its predecessor) within ten (10) days of the filing of the probate proceeding. Failure to serve notice is jurisdictional, rending the proceedings nonbinding on the United State of America and void as to any restricted property interest. However, service beyond the ten-day requirement is a procedural defect which is waived by subsequent general entry of appearance, election not to remove, or removal by the United States.

   Authority: Act of August 4, 1947, 61 Stat 731 (Stigler Act).
   Anderson v. Peck, 53 F.2d 257 (N.D. Okla. 1931).
   United States v. Thompson, 128 F.2d 173 (10 Cir. 1942).

   In any such probate proceeding in which a final order was entered after December 31, 2019 (regardless of the decedent's date of death), which includes property restricted in the hands of the decedent of any quantum of Indian blood, written notice must have been served on the Regional Director of the Bureau of Indian Affairs within ten (10) days of the filing of the probate proceeding. Failure to serve notice is jurisdictional, rending the proceedings nonbinding on the United State of America and void as to any restricted property interest. However, service beyond the ten-day requirement is a procedural defect which is waived by subsequent general entry of appearance, election not to remove, or removal by the United States.

   Authority: H.R. 2606 Public Law 116-399 (Amendment to Stigler Act).
   Anderson v. Peck, 53 F.2d 257 (N.D. Okla. 1931).
   United States v. Thompson, 128 F.2d 173 (10 Cir. 1942).

The Title Examination Sub-Committee of the Real Property Law Section recommended a new Standard 17 be included to assist title examiners with understanding when notice should be provided to the Regional Director of the Bureau of Indian Affairs. The Real Property Section approved the proposal and the House of Delegates adopted the Standard on November 4, 2022.