[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC373]
TITLE 25--INDIANS
CHAPTER 10--DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE
Sec. 373. Disposal by will of allotments held under trust
Any persons of the age of eighteen years or older having any right,
title, or interest in any allotment held under trust or other patent
containing restrictions on alienation or individual Indian moneys or
other property held in trust by the United States shall have the right
prior to the expiration of the trust or restrictive period, and before
the issuance of a fee simple patent or the removal of restrictions, to
dispose of such property by will, in accordance with the Indian Land
Consolidation Act [25 U.S.C. 2201 et seq.] or a tribal probate code
approved under such Act and regulations to be prescribed by the
Secretary of the Interior: Provided, however, That no will so executed
shall be valid or have any force or effect unless and until it shall
have been approved by the Secretary of the Interior: Provided further,
That the Secretary of the Interior may approve or disapprove the will
either before or after the death of the testator, and in case where a
will has been approved and it is subsequently discovered that there has
been fraud in connection with the execution or procurement of the will
the Secretary of the Interior is authorized within one year after the
death of the testator to cancel the approval of the will, and the
property of the testator shall thereupon descend or be distributed in
accordance with the laws of the State wherein the property is located:
Provided further, That the approval of the will and the death of the
testator shall not operate to terminate the trust or restrictive period,
but the Secretary of the Interior may, in his discretion, cause the
lands to be sold and the money derived therefrom, or so much thereof as
may be necessary, used for the benefit of the heir or heirs entitled
thereto, remove the restrictions, or cause patent in fee to be issued to
the devisee or devisees, and pay the moneys to the legatee or legatees
either in whole or in part from time to time as he may deem advisable,
or use it for their benefit: Provided also, That this section and
section 372 of this title shall not apply to the Five Civilized Tribes
or the Osage Indians.
(June 25, 1910, ch. 431, Sec. 2, 36 Stat. 856; Feb. 14, 1913, ch. 55, 37
Stat. 678; Pub. L. 100-153, Sec. 2, Nov. 5, 1987, 101 Stat. 886; Pub. L.
106-462, title I, Sec. 106(b)(2), Nov. 7, 2000, 114 Stat. 2007.)
References in Text
The Indian Land Consolidation Act, referred to in text, is title II
of Pub. L. 97-459, Jan. 12, 1983, 96 Stat. 2517, as amended, which is
classified generally to chapter 24 (Sec. 2201 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2201 of this title and Tables.
Amendments
2000--Pub. L. 106-462 substituted ``with the Indian Land
Consolidation Act or a tribal probate code approved under such Act and
regulations to be prescribed by the Secretary of the Interior:'' for
``with regulations to be prescribed by the Secretary of the Interior:''.
1987--Pub. L. 100-153 which directed amendment of this section by
substituting ``the age of eighteen years or older'' for ``the age of
twenty-one years, or over'' was executed by substituting the new
language for ``the age of twenty-one years'' as the probable intent of
Congress because the words ``, or over'' did not appear.
1913--Act Feb. 14, 1913, amended section generally.
