§ 30.170 - What may I do if I disagree with the judge's determination to approve a purchase at probate?  


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  • § 30.170 What may I do if I disagree with the judge's determination to approve a purchase at probate?

    (a) If you are adversely affected by the judge's determination to approve a purchase at probate under § 30.167(a), you may file a written objection with the judge within 15 days after the mailing of a determination under § 30.169(b).

    (1) The written objection must state the reasons for the objection and request an interlocutory appeal of the determination to the Board.

    (2) You must serve a copy of the written objection on the other interested parties and the agencies, stating that you have done so in your written objection.

    (b) If the objection is timely filed, the judge must forward a certified copy of the complete record in the case to the Board, together with a table of contents for the record, for review of the determination. The judge will not issue the decision in the probate case until the Board has issued its decision on interlocutory review of the determination.

    (c) If the objection is not timely filed, the judge will issue an order denying the request for review as untimely and will furnish copies of the order to the interested parties and the agencies. If you disagree with the decision of the judge as to whether your objection was timely filed, you may file a petition for rehearing under § 30.238 after the judge issues a decision under § 30.235.

    [73 FR 67289, Nov. 13, 2008, as amended at 76 FR 7507, Feb. 10, 2011]