CFR /  Title 43  /  Part 30: Indian Probate Hearings Procedures

Section No.	Description
Section 30.100	What definitions do I need to know?
Section 30.101	What assets will the Secretary probate?
Section 30.102	When does OHA commence a probate case?
Section 30.110	How does OHA commence a probate case?
Section 30.111	What must a complete probate file contain?
Section 30.112	What will OHA do if it receives an incomplete probate file?
Section 30.113	Will I receive notice of the probate proceeding?
Section 30.114	May I review the probate record?
Section 30.115	What authority does the judge have in probate cases?
Section 30.120	May a judge appoint a master in a probate case?
Section 30.121	Is the judge required to accept the master's recommended decision?
Section 30.122	Will the judge determine matters of status and nationality?
Section 30.123	When may a judge make a finding of death?
Section 30.124	May a judge reopen a probate case to correct errors and omissions?
Section 30.125	What happens if property was omitted from the inventory of the estate?
Section 30.126	What happens if property was improperly included in the inventory?
Section 30.127	What happens if an error in BIA's estate inventory is alleged?
Section 30.128	How does a judge or ADM recuse himself or herself from a probate case?
Section 30.130	How will the case proceed after the judge's or ADM's recusal?
Section 30.131	May I appeal the judge's or ADM's recusal decision?
Section 30.132	Where and when may I file a claim against the probate estate?
Section 30.140	How must I file a claim against a probate estate?
Section 30.141	Will a judge authorize payment of a claim from the estate if the decedent's non-trust property was or is available?
Section 30.142	Are there any categories of claims that will not be allowed?
Section 30.143	May the judge authorize payment of the costs of administering the estate?
Section 30.144	When can a judge reduce or disallow a claim?
Section 30.145	What property is subject to claims?
Section 30.146	What happens if there is not enough trust personalty to pay all the claims?
Section 30.147	Will interest or penalties charged after the date of death be paid?
Section 30.148	What action will the judge take if the interested parties agree to settle matters among themselves?
Section 30.150	May the devisees or eligible heirs in a probate proceeding consolidate their interests?
Section 30.151	May the parties to an agreement waive valuation of trust property?
Section 30.152	Is an order approving an agreement considered a partition or sale transaction?
Section 30.153	What may be purchased at probate?
Section 30.160	Who may purchase at probate?
Section 30.161	Does property purchased at probate remain in trust or restricted status?
Section 30.162	Is consent required for a purchase at probate?
Section 30.163	What must I do to purchase at probate?
Section 30.164	Who will OHA notify of a request to purchase at probate?
Section 30.165	What will the notice of the request to purchase at probate include?
Section 30.166	How does OHA decide whether to approve a purchase at probate?
Section 30.167	How will the judge allocate the proceeds from a sale?
Section 30.168	What may I do if I do not agree with the appraised market value?
Section 30.169	What may I do if I disagree with the judge's determination to approve a purchase at probate?
Section 30.170	What happens when the judge grants a request to purchase at probate?
Section 30.171	When must the successful bidder pay for the interest purchased?
Section 30.172	What happens after the successful bidder submits payment?
Section 30.173	What happens if the successful bidder does not pay within 30 days?
Section 30.174	When does a purchased interest vest in the purchaser?
Section 30.175	May I give up an inherited interest in trust or restricted property or trust personalty?
Section 30.180	How do I renounce an inherited interest?
Section 30.181	Who may receive a renounced interest in trust or restricted land?
Section 30.182	Who may receive a renounced interest of less than 5 percent in trust or restricted land?
Section 30.183	Who may receive a renounced interest in trust personalty?
Section 30.184	May my designated recipient refuse to accept the interest?
Section 30.185	Are renunciations that predate the American Indian Probate Reform Act of 2004 valid?
Section 30.186	May I revoke my renunciation?
Section 30.187	Does a renounced interest vest in the person who renounced it?
Section 30.188	What is a summary probate proceeding?
Section 30.200	What does a notice of a summary probate proceeding contain?
Section 30.201	May I file a claim or renounce or disclaim an interest in the estate in a summary probate proceeding?
Section 30.202	May I request that a formal probate proceeding be conducted instead of a summary probate proceeding?
Section 30.203	What must a summary probate decision contain?
Section 30.204	How do I seek review of a summary probate proceeding?
Section 30.205	What happens after I file a request for de novo review?
Section 30.206	What happens if nobody files for de novo review?
Section 30.207	How will I receive notice of the formal probate proceeding?
Section 30.210	Will the notice be published in a newspaper?
Section 30.211	May I waive notice of the hearing or the form of notice?
Section 30.212	What notice to a tribe is required in a formal probate proceeding?
Section 30.213	What must a notice of hearing contain?
Section 30.214	How may I obtain documents related to the probate proceeding?
Section 30.215	How do I obtain permission to take depositions?
Section 30.216	How is a deposition taken?
Section 30.217	How may the transcript of a deposition be used?
Section 30.218	Who pays for the costs of taking a deposition?
Section 30.219	How do I obtain written interrogatories and admission of facts and documents?
Section 30.220	May the judge limit the time, place, and scope of discovery?
Section 30.221	What happens if a party fails to comply with discovery?
Section 30.222	What is a prehearing conference?
Section 30.223	May a judge compel a witness to appear and testify at a hearing or deposition?
Section 30.224	Must testimony in a probate proceeding be under oath or affirmation?
Section 30.225	Is a record made of formal probate hearings?
Section 30.226	What evidence is admissible at a probate hearing?
Section 30.227	Is testimony required for self-proved wills, codicils, or revocations?
Section 30.228	When will testimony be required for approval of a will, codicil, or revocation?
Section 30.229	Who pays witnesses' costs?
Section 30.230	May a judge schedule a supplemental hearing?
Section 30.231	What will the official record of the probate case contain?
Section 30.232	What will the judge do with the original record?
Section 30.233	What happens if a hearing transcript has not been prepared?
Section 30.234	What will the judge's decision in a formal probate proceeding contain?
Section 30.235	How are covered permanent improvements treated?
Section 30.236	What notice of the decision will the judge provide?
Section 30.237	May I file a petition for rehearing if I disagree with the judge's decision in the formal probate hearing?
Section 30.238	Does any distribution of the estate occur while a petition for rehearing is pending?
Section 30.239	How will the judge decide a petition for rehearing?
Section 30.240	May I submit another petition for rehearing?
Section 30.241	When does the judge's decision on a petition for rehearing become final?
Section 30.242	May a closed probate case be reopened?
Section 30.243	How will the judge decide my petition for reopening?
Section 30.244	What happens if the judge reopens the case?
Section 30.245	When will the decision on reopening become final?
Section 30.246	When does the anti-lapse provision apply?
Section 30.250	What happens if an heir or devisee participates in the killing of the decedent?
Section 30.251	May a judge allow fees for attorneys representing interested parties?
Section 30.252	How must minors or other legal incompetents be represented?
Section 30.253	What happens when a person dies without a valid will and has no heirs?
Section 30.254	What land is subject to a tribal purchase option at probate?
Section 30.260	How does a tribe exercise its statutory option to purchase?
Section 30.261	When may a tribe exercise its statutory option to purchase?
Section 30.262	May a surviving spouse reserve a life estate when a tribe exercises its statutory option to purchase?
Section 30.263	When must BIA furnish a valuation of a decedent's interests?
Section 30.264	What determinations will a judge make with respect to a tribal purchase option?
Section 30.265	When is a final decision issued?
Section 30.266	What if I disagree with the probate decision regarding tribal purchase option?
Section 30.267	May I demand a hearing regarding the tribal purchase option decision?
Section 30.268	What notice of the hearing will the judge provide?
Section 30.269	How will the hearing be conducted?
Section 30.270	How must the tribe pay for the interests it purchases?
Section 30.271	What are BIA's duties on payment by the tribe?
Section 30.272	What action will the judge take to record title?
Section 30.273	What happens to income from land interests during pendency of the probate?
Section 30.274	Introduction