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FEDERAL · 43 CFR

Part 30 — Indian Probate Hearings Procedures

149 sections · Title 43: Public Lands: Interior

§ 30.100How do I use this part?
§ 30.101What definitions do I need to know?
§ 30.102What assets will the Secretary probate?
§ 30.110When does OHA commence a probate case?
§ 30.111How does OHA commence a probate case?
§ 30.112What must a complete probate file contain?
§ 30.113What will OHA do if it receives an incomplete probate file?
§ 30.114Will I receive notice of the probate proceeding?
§ 30.115May I review the probate record?
§ 30.120What authority does the judge have in probate cases?
§ 30.121May a judge appoint a master in a probate case?
§ 30.122Is the judge required to accept the master's recommended decision?
§ 30.123Will the judge determine matters of status and nationality?
§ 30.124When may a judge presume the death of an heir, devisee, or person for whom a probate case has been opened?
§ 30.125May a judge order that a property interest be partitioned as a result of a devise?
§ 30.126-30.127§§ 30.126-30.127 [Reserved]
§ 30.128What happens if an error in BIA's estate inventory is alleged?
§ 30.129May a judge reopen a probate case to correct errors and omissions?
§ 30.130How does a judge or ADM recuse himself or herself from a probate case?
§ 30.131How will the case proceed after the judge's or ADM's recusal?
§ 30.132May I appeal the judge's or ADM's recusal decision?
§ 30.140Where and when may I file a claim against the probate estate?
§ 30.141How must I file a claim against a probate estate?
§ 30.142Will a judge authorize payment of a claim from the estate if the decedent's non-trust property was or is available?
§ 30.143Are there any categories of claims that will not be allowed?
§ 30.144May the judge authorize payment of the costs of administering the estate?
§ 30.145When can a judge reduce or disallow a claim?
§ 30.146What property is subject to claims?
§ 30.147What happens if there is not enough trust personalty to pay all the claims?
§ 30.148Will interest or penalties charged after the date of death be paid?
§ 30.150What action will the judge take if the interested parties agree to settle matters among themselves?
§ 30.151May the devisees or eligible heirs in a probate proceeding consolidate their interests?
§ 30.152May the parties to an agreement waive valuation of trust property?
§ 30.153Is an order approving an agreement considered a partition or sale transaction?
§ 30.180May I give up an inherited interest in trust or restricted property or trust personalty?
§ 30.181When may I renounce a devised or inherited interest?
§ 30.182Who may renounce an inherited interest on behalf of an heir or devisee who dies before the hearing?
§ 30.183Who may receive a renounced interest in trust or restricted land if the land will descend pursuant to a valid will?
§ 30.184Who may receive a renounced interest in trust or restricted land if the land will descend by intestate succession?
§ 30.185Who may receive a renounced interest in trust personalty?
§ 30.186How do I renounce an inherited interest?
§ 30.187What happens if I do not designate any eligible individual or entity to receive the renounced interest?
§ 30.188What steps will the judge take if I designate a recipient?
§ 30.189May my designated recipient refuse to accept the interest?
§ 30.190Are renunciations that predate the American Indian Probate Reform Act of 2004 valid?
§ 30.191May I revoke my renunciation?
§ 30.192Does a renounced interest vest in the person who renounced it?
§ 30.200What is a summary probate proceeding?
§ 30.201May I file a claim in a summary probate proceeding?
§ 30.202What will happen when OHA receives the summary probate file?
§ 30.203What will happen if the funds in the estate are insufficient to provide each heir or devisee at least one cent?
§ 30.204May I request that a formal probate proceeding be conducted instead of a summary probate proceeding?
§ 30.205What must a summary probate decision contain?
§ 30.206What notice of the summary probate decision will the judge or ADM provide?
§ 30.207How do I seek review of a summary probate proceeding?
§ 30.208What happens after I file a request for review?
§ 30.209What will the judge or ADM do with the official record of the summary probate case?
§ 30.210How will I receive personal notice of the formal probate proceeding?
§ 30.211How will OHA provide public notice of the formal probate proceeding?
§ 30.212May I waive notice of the hearing or the form of notice?
§ 30.213What notice to a tribe is required in a formal probate proceeding?
§ 30.214What must a notice of hearing contain?
§ 30.215How may I obtain documents related to the probate proceeding?
§ 30.216How do I obtain permission to take depositions?
§ 30.217How is a deposition taken?
§ 30.218How may the transcript of a deposition be used?
§ 30.219Who pays for the costs of taking a deposition?
§ 30.220How do I obtain written interrogatories and admission of facts and documents?
§ 30.221May the judge limit the time, place, and scope of discovery?
§ 30.222What happens if a party fails to comply with discovery?
§ 30.223What is a prehearing conference?
§ 30.224May a judge compel a witness to appear and testify at a hearing or deposition?
§ 30.225Must testimony in a probate proceeding be under oath or affirmation?
§ 30.226Is a record made of formal probate hearings?
§ 30.227What evidence is admissible at a probate hearing?
§ 30.228Is testimony required for self-proved wills, codicils, or revocations?
§ 30.229When will testimony be required for approval of a will, codicil, or revocation?
§ 30.230Who pays witnesses' costs?
§ 30.231May a judge schedule a supplemental hearing?
§ 30.232What will the official record of the probate case contain?
§ 30.233What will the judge do with the original record?
§ 30.234What happens if a hearing transcript has not been prepared?
§ 30.235What will the judge's decision in a formal probate proceeding contain?
§ 30.236How are covered permanent improvements treated?
§ 30.237What notice of the decision will the judge provide?
§ 30.238May I file a petition for rehearing if I disagree with the judge's decision in the formal probate hearing?
§ 30.239Does any distribution of the estate occur while a petition for rehearing is pending?
§ 30.240How will the judge decide a petition for rehearing?
§ 30.241May I submit another petition for rehearing?
§ 30.242When does the judge's order on a petition for rehearing become final?
§ 30.243May a closed probate case be reopened?
§ 30.244When must a petition for reopening be filed?
§ 30.245What legal standard will be applied to reopen a case?
§ 30.246What must be included in a petition for reopening?
§ 30.247What is not appropriate for a petition for reopening?
§ 30.248How will the judge decide my petition for reopening?
§ 30.249What happens when the judge issues an order on reopening?
§ 30.250May a correction order be issued to correct typographical and other non-substantive errors?
§ 30.251What happens if BIA identifies additional property of a decedent after the probate decision is issued?
§ 30.252What happens if BIA identifies that property was incorrectly included in a decedent's inventory?
§ 30.253What happens if a request for reconsideration of a distribution order is timely made?
§ 30.260What land is subject to a tribal purchase option at probate?
§ 30.261How does a tribe exercise its statutory option to purchase?
§ 30.262When may a tribe exercise its statutory option to purchase?
§ 30.263May a surviving spouse reserve a life estate when a tribe exercises its statutory option to purchase?
§ 30.264When must BIA furnish a valuation of a decedent's interests?
§ 30.265What determinations will a judge make with respect to a tribal purchase option?
§ 30.266When is a final decision issued?
§ 30.267What if I disagree with the probate decision regarding tribal purchase option?
§ 30.268May I demand a hearing regarding the tribal purchase option decision?
§ 30.269What notice of the hearing will the judge provide?
§ 30.270How will the hearing be conducted?
§ 30.271How must the tribe pay for the interests it purchases?
§ 30.272What are BIA's duties on payment by the tribe?
§ 30.273What action will the judge take to record title?
§ 30.274What happens to income from land interests during pendency of the probate?
§ 30.400What may be purchased at probate?
§ 30.401Who may purchase at probate?
§ 30.402Does property purchased at probate remain in trust or restricted status?
§ 30.403Is consent required for a purchase at probate?
§ 30.404How do I initiate a purchase at probate?
§ 30.405When may I initiate a purchase at probate?
§ 30.406May I withdraw my request to purchase at probate?
§ 30.407How will OHA address requests to purchase at probate?
§ 30.408What will OHA include in the probate decision or reconsideration order when a purchase at probate request is pending?
§ 30.409How will a pending purchase at probate request affect how the decedent's property is distributed?
§ 30.410How will the purchase at probate process continue after the decision or reconsideration order is issued?
§ 30.411How will the interests to be purchased at probate be valued?
§ 30.412What will OHA do when it receives BIA's notification that an appraisal/valuation has been completed?
§ 30.413Who are potential bidders?
§ 30.414What will be contained in the Order to Submit Bids?
§ 30.415What may I do if I do not agree with the determination of fair market value in the Order to Submit Bids?
§ 30.416How does OHA decide whether a bid is successful?
§ 30.417How does the judge notify the parties whether there was a successful bid?
§ 30.418When must the successful bidder pay for the interest purchased?
§ 30.419What happens after the successful bidder submits payment?
§ 30.420What happens if the successful bidder does not submit payment within 30 days?
§ 30.421When does a purchased interest vest in the purchaser?
§ 30.422What will happen to any lease income received or accrued from purchased land interests before the purchased interest vests in the purchaser?
§ 30.423What may I do if I disagree with the judge's determination to approve or deny a purchase at probate?
§ 30.424When will the order approving or denying the purchase at probate become final?
§ 30.500When does the anti-lapse provision apply?
§ 30.501When is joint tenancy presumed?
§ 30.502How does a judge resolve conflicts between the anti-lapse provision and the presumption of joint tenancy?
§ 30.503What happens if an heir or devisee participates in the killing of the decedent?
§ 30.504May a judge allow fees for attorneys representing interested parties?
§ 30.505How must minors or other legal incompetents be represented?
§ 30.506When a decedent died intestate without heirs, what law applies to trust or restricted property?
§ 30.507How will trust personalty be distributed if decedent died intestate on or after June 20, 2006, and the Act does not specify how the trust personalty should be distributed?