Part 30 - INDIAN PROBATE HEARINGS PROCEDURES  


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 make a finding of death?
§ 30.125 May a judge reopen a probate case to correct errors and omissions?
§ 30.126 What happens if property was omitted from the inventory of the estate?
§ 30.127 What happens if property was improperly included in the inventory?
§ 30.128 What happens if an error in BIA's estate inventory is alleged?
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 — Purchase at Probate
§ 30.160 What may be purchased at probate?
§ 30.161 Who may purchase at probate?
§ 30.162 Does property purchased at probate remain in trust or restricted status?
§ 30.163 Is consent required for a purchase at probate?
§ 30.164 What must I do to purchase at probate?
§ 30.165 Who will OHA notify of a request to purchase at probate?
§ 30.166 What will the notice of the request to purchase at probate include?
§ 30.167 How does OHA decide whether to approve a purchase at probate?
§ 30.168 How will the judge allocate the proceeds from a sale?
§ 30.169 What may I do if I do not agree with the appraised market value?
§ 30.170 What may I do if I disagree with the judge's determination to approve a purchase at probate?
§ 30.171 What happens when the judge grants a request to purchase at probate?
§ 30.172 When must the successful bidder pay for the interest purchased?
§ 30.173 What happens after the successful bidder submits payment?
§ 30.174 What happens if the successful bidder does not pay within 30 days?
§ 30.175 When does a purchased interest vest in the purchaser?
Subpart H — Renunciation of Interest
§ 30.180 May I give up an inherited interest in trust or restricted property or trust personalty?
§ 30.181 How do I renounce an inherited interest?
§ 30.182 Who may receive a renounced interest in trust or restricted land?
§ 30.183 Who may receive a renounced interest of less than 5 percent in trust or restricted land?
§ 30.184 Who may receive a renounced interest in trust personalty?
§ 30.185 May my designated recipient refuse to accept the interest?
§ 30.186 Are renunciations that predate the American Indian Probate Reform Act of 2004 valid?
§ 30.187 May I revoke my renunciation?
§ 30.188 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 What does a notice of a summary probate proceeding contain?
§ 30.202 May I file a claim or renounce or disclaim an interest in the estate in a summary probate proceeding?
§ 30.203 May I request that a formal probate proceeding be conducted instead of a summary probate proceeding?
§ 30.204 What must a summary probate decision contain?
§ 30.205 How do I seek review of a summary probate proceeding?
§ 30.206 What happens after I file a request for de novo review?
§ 30.207 What happens if nobody files for de novo review?
Subpart J — Formal Probate Proceedings
§ 30.210 How will I receive notice of the formal probate proceeding?
§ 30.211 Will the notice be published in a newspaper?
§ 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?
§ 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?
§ 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?
§ 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 decision on a petition for rehearing become final?
§ 30.243 May a closed probate case be reopened?
§ 30.244 How will the judge decide my petition for reopening?
§ 30.245 What happens if the judge reopens the case?
§ 30.246 When will the decision on reopening become final?
Subpart K — Miscellaneous Provisions
§ 30.250 When does the anti-lapse provision apply?
§ 30.251 What happens if an heir or devisee participates in the killing of the decedent?
§ 30.252 May a judge allow fees for attorneys representing interested parties?
§ 30.253 How must minors or other legal incompetents be represented?
§ 30.254 What happens when a person dies without a valid will and has no heirs?
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?

Authority

5 U.S.C. 301, 503; 25 U.S.C. 9, 372–74, 410, 2201 et seq. ; 43 U.S.C. 1201, 1457.

Source

73 FR 67289, Nov. 13, 2008, unless otherwise noted.