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 - 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?

§ 30.129 - May a judge reopen a probate case to correct errors and omissions?

§§ 30.126--30.127 - [Reserved]

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 - 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

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 - xxx

§ 30.248 - How will the judge decide my petition for reopening?

§ 30.249 - xxx

§ 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?

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?

Subpart K - Miscellaneous Provisions

§ 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?

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 - xxx

§ 30.502 - xxx

§ 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 - xxx