118 STAT. 1774 PUBLIC LAW 108–374—OCT. 27, 2004 (ii) makes probate planning more difficult; (4) a uniform Federal probate code would likely— (A) reduce the number of fractionated interests in trust or restricted land; (B) facilitate efforts to provide probate planning assist ance and advice and create incentives for owners of trust and restricted land to engage in estate planning; (C) facilitate intertribal efforts to produce tribal pro bate codes in accordance with section 206 of the Indian Land Consolidation Act (25 U.S.C. 2205); and (D) provide essential elements of general probate law that are not applicable on the date of enactment of this Act to interests in trust or restricted land; and (5) the provisions of a uniform Federal probate code and other forth in this Act should operate to further the policy of the United States as stated in the Indian Land Consolidated Act Amendments of 2000, Public Law 106–462, 102, November 7, 2000, 114 Stat. 1992. SEC. 3. INDIAN PROBATE REFORM. (a) NONTESTAMENTARY DISPOSITION.—Section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) is amended by striking subsection (a) and inserting the following: ‘‘(a) NONTESTAMENTARY DISPOSITION.— ‘‘(1) RULES OF DESCENT.—Subject to any applicable Federal law relating to the devise or descent of trust or restricted property, any trust or restricted interest in land or interest in trust personalty that is not disposed of by a valid will— ‘‘(A) shall descend according to an applicable tribal probate code approved in accordance with section 206; or ‘‘(B) in the case of a trust or restricted interest in land or interest in trust personalty to which a tribal probate code does not apply, shall descend in accordance with— ‘‘(i) paragraphs (2) through (5); and ‘‘(ii) other applicable Federal law. ‘‘(2) RULES GOVERNING DESCENT OF ESTATE.— ‘‘(A) SURVIVING SPOUSE.—If there is a surviving spouse of the decedent, such spouse shall receive trust and restricted land and trust personalty in the estate as follows: ‘‘(i) If the decedent is survived by 1 or more eligible heirs described in subparagraph (B) (i), (ii), (iii), or (iv), the surviving spouse shall receive 1 3 of the trust personalty of the decedent and a life estate without regard to waste in the interests in trust or restricted lands of the decedent. ‘‘(ii) If there are no eligible heirs described in subparagraph (B) (i), (ii), (iii), or (iv), the surviving spouse shall receive all of the trust personalty of the decedent and a life estate without regard to waste in the trust or restricted lands of the decedent. ‘‘(iii) The remainder shall pass as set forth in subparagraph (B). ‘‘(iv) Trust personalty passing to a surviving spouse under the provisions of this subparagraph shall be maintained by the Secretary in an account as trust personalty, but only if such spouse is Indian.
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