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