§ 30.210 - How will I receive personal notice of the formal probate proceeding?  


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  • § 30.210 How will I receive personal notice of the formal probate proceeding?

    OHA will provide

    (a) You will receive personal notice of the formal probate proceeding

    under

    hearing described in § 30.114

    (a)

    by

    mail and by posting. A posted and published notice may contain notices for more than one hearing, and need only specify the names of the decedents, the captions of the cases and the dates, times, places, and purposes of the hearings.

    (a) The notice must:

    (1) Be sent by first class mail;

    (2) Be sent and posted at least 21 days before the date of the hearing; and

    (3) Include a

    first class mail that includes:

    (1) The most recent will submitted with the probate case and any codicils to that will; and

    (2) A certificate of mailing with the mailing date

    of mailing,

    signed by the person

    mailing

    who mailed the notice.

    (b) The notice will be mailed to you at least 21 days before the date of the hearing.

    (c) A presumption of actual notice exists

    with respect to

    for any person to whom OHA sent a notice under

    paragraph (a) of

    this section

    ,

    unless the notice is returned by the Postal Service as undeliverable to the addressee.

    (c) OHA must post the notice in each of the following locations:

    (1) Five or more conspicuous places in the vicinity of the designated place of hearing; and

    (2) The agency with jurisdiction over each parcel of trust or restricted property in the estate.

    (d) OHA may also post the notice in other places and on other reservations as the judge deems appropriate.

    [86 FR 72086, Dec. 20, 2021]