Part 30 — Indian Probate Hearings Procedures
Subpart A — Scope of Part; Definitions
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?
- § 30.128— 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?
Subpart D — Recusal of a Judge or ADM
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 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
- § 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?
- § 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 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— What is not appropriate for a petition for reopening?
- § 30.248— How will the judge decide my petition for reopening?
- § 30.249— What happens when the judge issues an order on reopening?
- § 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?
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— When is joint tenancy presumed?
- § 30.502— How does a judge resolve conflicts between the anti-lapse provision and the presumption of joint tenancy?
- § 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— How will trust personalty be distributed if decedent died intestate on or after June 20, 2006, and the Act does not specify how the trust personalty should be distributed?