Will the judge determine matters of status and nationality?

(a) The judge in a probate proceeding will determine: (1) If relevant, the status of eligible heirs or devisees as Indians; (2) If relevant, the nationality or citizenship of eligible heirs or devisees; and (3) Whether any of the Indian heirs or devisees with U.S. citizenship are individuals for whom the supervision and trusteeship of the United States has been terminated. (b) A judge may make determinations under this section in a current probate proceeding or in a completed probate case after a reopening without regard to a time limit. [73 FR 67289, Nov. 13, 2008, as amended at 86 FR 72084, Dec. 20, 2021]