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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of February 4, 2010
TITLE 43--Public Lands: Interior
Subtitle A--OFFICE OF THE SECRETARY OF THE INTERIOR
PART 30--INDIAN PROBATE HEARINGS PROCEDURES
Subpart A--SCOPE OF PART; DEFINITIONS
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| What definitions do I need to know? |
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| Will the Secretary probate all the land or assets in an estate? |
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Subpart B--COMMENCEMENT OF PROBATE PROCEEDINGS
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| When does OHA commence a probate case? |
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| How does OHA commence a probate case? |
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| What must a complete probate file contain? |
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| What will OHA do if it receives an incomplete probate file? |
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| Will I receive notice of the probate proceeding? |
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| May I review the probate record? |
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Subpart C--JUDICIAL AUTHORITY AND DUTIES
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| What authority does the judge have in probate cases? |
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| May a judge appoint a master in a probate case? |
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| Is the judge required to accept the master's recommended decision? |
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| Will the judge determine matters of status and nationality? |
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| When may a judge make a finding of death? |
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| May a judge reopen a probate case to correct errors and omissions? |
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| What happens if property was omitted from the inventory of the estate? |
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| What happens if property was improperly included in the inventory? |
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| What happens if an error in BIA's estate inventory is alleged? |
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Subpart D--RECUSAL OF A JUDGE OR ADM
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| How does a judge or ADM recuse himself or herself from a probate case? |
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| How will the case proceed after the judge's or ADM's recusal? |
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| May I appeal the judge's or ADM's recusal decision? |
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Subpart E--CLAIMS
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| Where and when may I file a claim against the probate estate? |
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| How must I file a claim against a probate estate? |
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| Will a judge authorize payment of a claim from the trust estate if the decedent's non-trust estate was or is available? |
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| Are there any categories of claims that will not be allowed? |
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| May the judge authorize payment of the costs of administering the estate? |
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| When can a judge reduce or disallow a claim? |
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| What property is subject to claims? |
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| What happens if there is not enough trust personalty to pay all the claims? |
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| Will interest or penalties charged after the date of death be paid? |
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Subpart F--CONSOLIDATION AND SETTLEMENT AGREEMENTS
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| What action will the judge take if the interested parties agree to settle matters among themselves? |
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| May the devisees or eligible heirs in a probate proceeding consolidate their interests? |
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| May the parties to an agreement waive valuation of trust property? |
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| Is an order approving an agreement considered a partition or sale transaction? |
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Subpart G--PURCHASE AT PROBATE
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| What may be purchased at probate? |
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| Who may purchase at probate? |
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| Does property purchased at probate remain in trust or restricted status? |
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| Is consent required for a purchase at probate? |
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| What must I do to purchase at probate? |
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| Who will OHA notify of a request to purchase at probate? |
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| What will the notice of the request to purchase at probate include? |
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| How does OHA decide whether to approve a purchase at probate? |
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| How will the judge allocate the proceeds from a sale? |
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| What may I do if I do not agree with the appraised market value? |
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| What may I do if I disagree with the judge's determination to approve a purchase at probate? |
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| What happens when the judge grants a request to purchase at probate? |
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| When must the successful bidder pay for the interest purchased? |
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| What happens after the successful bidder submits payment? |
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| What happens if the successful bidder does not pay within 30 days? |
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| When does a purchased interest vest in the purchaser? |
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Subpart H--RENUNCIATION OF INTEREST
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| May I give up an inherited interest in trust or restricted property or trust personalty? |
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| How do I renounce an inherited interest? |
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| Who may receive a renounced interest in trust or restricted land? |
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| Who may receive a renounced interest of less than 5 percent in trust or restricted land? |
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| Who may receive a renounced interest in trust personalty? |
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| May my designated recipient refuse to accept the interest? |
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| Are renunciations that predate the American Indian Probate Reform Act of 2004 valid? |
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| May I revoke my renunciation? |
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| Does a renounced interest vest in the person who renounced it? |
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Subpart I--SUMMARY PROBATE PROCEEDINGS
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| What is a summary probate proceeding? |
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| What does a notice of a summary probate proceeding contain? |
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| May I file a claim or renounce or disclaim an interest in the estate in a summary probate proceeding? |
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| May I request that a formal probate proceeding be conducted instead of a summary probate proceeding? |
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| What must a summary probate decision contain? |
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| How do I seek review of a summary probate proceeding? |
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| What happens after I file a request for de novo review? |
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| What happens if nobody files for de novo review? |
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Subpart J--FORMAL PROBATE PROCEEDINGS
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| How will I receive notice of the formal probate proceeding? |
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| Will the notice be published in a newspaper? |
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| May I waive notice of the hearing or the form of notice? |
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| What notice to a tribe is required in a formal probate proceeding? |
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| What must a notice of hearing contain? |
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| How may I obtain documents related to the probate proceeding? |
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| How do I obtain permission to take depositions? |
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| How is a deposition taken? |
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| How may the transcript of a deposition be used? |
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| Who pays for the costs of taking a deposition? |
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| How do I obtain written interrogatories and admission of facts and documents? |
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| May the judge limit the time, place, and scope of discovery? |
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| What happens if a party fails to comply with discovery? |
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| What is a prehearing conference? |
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| May a judge compel a witness to appear and testify at a hearing or deposition? |
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| Must testimony in a probate proceeding be under oath or affirmation? |
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| Is a record made of formal probate hearings? |
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| What evidence is admissible at a probate hearing? |
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| Is testimony required for self-proved wills, codicils, or revocations? |
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| When will testimony be required for approval of a will, codicil, or revocation? |
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| Who pays witnesses' costs? |
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| May a judge schedule a supplemental hearing? |
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| What will the official record of the probate case contain? |
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| What will the judge do with the original record? |
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| What happens if a hearing transcript has not been prepared? |
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| What will the judge's decision in a formal probate proceeding contain? |
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| What notice of the decision will the judge provide? |
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| May I file a petition for rehearing if I disagree with the judge's decision in the formal probate hearing? |
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| Does any distribution of the estate occur while a petition for rehearing is pending? |
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| How will the judge decide a petition for rehearing? |
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| May I submit another petition for rehearing? |
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| When does the judge's decision on a petition for rehearing become final? |
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| May a closed probate case be reopened? |
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| How will the judge decide my petition for reopening? |
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| What happens if the judge reopens the case? |
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| When will the decision on reopening become final? |
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Subpart K--MISCELLANEOUS PROVISIONS
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| When does the anti-lapse provision apply? |
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| What happens if an heir or devisee participates in the killing of the decedent? |
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| May a judge allow fees for attorneys representing interested parties? |
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| How must minors or other legal incompetents be represented? |
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| What happens when a person dies without a valid will and has no heirs? |
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Subpart L--TRIBAL PURCHASE OF INTERESTS UNDER SPECIAL STATUTES
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| What land is subject to a tribal purchase option at probate? |
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| How does a tribe exercise its statutory option to purchase? |
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| When may a tribe exercise its statutory option to purchase? |
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| May a surviving spouse reserve a life estate when a tribe exercises its statutory option to purchase? |
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| When must BIA furnish a valuation of a decedent's interests? |
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| What determinations will a judge make with respect to a tribal purchase option? |
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| When is a final decision issued? |
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| What if I disagree with the probate decision regarding tribal purchase option? |
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| May I demand a hearing regarding the tribal purchase option decision? |
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| What notice of the hearing will the judge provide? |
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| How will the hearing be conducted? |
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| How must the tribe pay for the interests it purchases? |
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| What are BIA's duties on payment by the tribe? |
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| What action will the judge take to record title? |
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| What happens to income from land interests during pendency of the probate? |
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