§ 30.207 - How do I seek review of a summary probate proceeding?  


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  • § 30.207 What happens if nobody files for de novo review?

    If no interested party requests de novo review within 30 days of the date of the written decision, it will be final for the Department. OHA will send:

    (a) The complete original record and the final order to the agency that prepared the probate file; and

    (b) A copy of any relevant portions of the record to any other affected agency

    How do I seek review of a summary probate proceeding?

    (a) If you are adversely affected by the written decision in a summary probate proceeding, you may seek review of the summary probate decision. To do this, you must file a request with the OHA office that issued the summary probate decision within 30 days after the date the summary probate decision was mailed. BIA may also seek review within the same deadline.

    (b) The request for review must be in writing and signed, and must contain the following information:

    (1) The name of the decedent;

    (2) A description of your relationship to the decedent;

    (3) An explanation of what errors you allege were made in the summary probate decision; and

    (4) An explanation of how you are adversely affected by the decision.