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Electronic Code of Federal Regulations

blue pill

e-CFR Data is current as of April 22, 2014

TITLE 43—Public Lands: Interior

Subtitle A—OFFICE OF THE SECRETARY OF THE INTERIOR

PART 30—INDIAN PROBATE HEARINGS PROCEDURES

rule

Subpart A—SCOPE OF PART; DEFINITIONS

§30.100
How do I use this part?
§30.101
What definitions do I need to know?
§30.102
What assets will the Secretary probate?
rule

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?
rule

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 make a finding of death?
§30.125
May a judge reopen a probate case to correct errors and omissions?
§30.126
What happens if property was omitted from the inventory of the estate?
§30.127
What happens if property was improperly included in the inventory?
§30.128
What happens if an error in BIA's estate inventory is alleged?
rule

Subpart D—RECUSAL OF A JUDGE OR ADM

§30.130
How does a judge or ADM recuse himself or herself from a probate case?
§30.131
How will the case proceed after the judge's or ADM's recusal?
§30.132
May I appeal the judge's or ADM's recusal decision?
rule

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?
rule

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?
rule

Subpart G—PURCHASE AT PROBATE

§30.160
What may be purchased at probate?
§30.161
Who may purchase at probate?
§30.162
Does property purchased at probate remain in trust or restricted status?
§30.163
Is consent required for a purchase at probate?
§30.164
What must I do to purchase at probate?
§30.165
Who will OHA notify of a request to purchase at probate?
§30.166
What will the notice of the request to purchase at probate include?
§30.167
How does OHA decide whether to approve a purchase at probate?
§30.168
How will the judge allocate the proceeds from a sale?
§30.169
What may I do if I do not agree with the appraised market value?
§30.170
What may I do if I disagree with the judge's determination to approve a purchase at probate?
§30.171
What happens when the judge grants a request to purchase at probate?
§30.172
When must the successful bidder pay for the interest purchased?
§30.173
What happens after the successful bidder submits payment?
§30.174
What happens if the successful bidder does not pay within 30 days?
§30.175
When does a purchased interest vest in the purchaser?
rule

Subpart H—RENUNCIATION OF INTEREST

§30.180
May I give up an inherited interest in trust or restricted property or trust personalty?
§30.181
How do I renounce an inherited interest?
§30.182
Who may receive a renounced interest in trust or restricted land?
§30.183
Who may receive a renounced interest of less than 5 percent in trust or restricted land?
§30.184
Who may receive a renounced interest in trust personalty?
§30.185
May my designated recipient refuse to accept the interest?
§30.186
Are renunciations that predate the American Indian Probate Reform Act of 2004 valid?
§30.187
May I revoke my renunciation?
§30.188
Does a renounced interest vest in the person who renounced it?
rule

Subpart I—SUMMARY PROBATE PROCEEDINGS

§30.200
What is a summary probate proceeding?
§30.201
What does a notice of a summary probate proceeding contain?
§30.202
May I file a claim or renounce or disclaim an interest in the estate in a summary probate proceeding?
§30.203
May I request that a formal probate proceeding be conducted instead of a summary probate proceeding?
§30.204
What must a summary probate decision contain?
§30.205
How do I seek review of a summary probate proceeding?
§30.206
What happens after I file a request for de novo review?
§30.207
What happens if nobody files for de novo review?
rule

Subpart J—FORMAL PROBATE PROCEEDINGS

Notice

§30.210
How will I receive notice of the formal probate proceeding?
§30.211
Will the notice be published in a newspaper?
§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?

Depositions, Discovery, and Prehearing Conference

§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?

Hearings

§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?

Decisions in Formal Proceedings

§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 decision on a petition for rehearing become final?
§30.243
May a closed probate case be reopened?
§30.244
How will the judge decide my petition for reopening?
§30.245
What happens if the judge reopens the case?
§30.246
When will the decision on reopening become final?
rule

Subpart K—MISCELLANEOUS PROVISIONS

§30.250
When does the anti-lapse provision apply?
§30.251
What happens if an heir or devisee participates in the killing of the decedent?
§30.252
May a judge allow fees for attorneys representing interested parties?
§30.253
How must minors or other legal incompetents be represented?
§30.254
What happens when a person dies without a valid will and has no heirs?
rule

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?


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