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Title 43

Displaying title 43, up to date as of 10/05/2026. Title 43 was last amended 8/12/2026.
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Title 43Public Lands: InteriorPart / Section
Subtitle AOffice of the Secretary of the Interior1 – 199
Part 30Indian Probate Hearings Procedures30.100 – 30.507
Subpart JFormal Probate Proceedings30.210 – 30.253
Notice30.210 – 30.214
§ 30.210How will I receive personal notice of the formal probate proceeding?
§ 30.211How will OHA provide public notice of the formal probate proceeding?
§ 30.212May I waive notice of the hearing or the form of notice?
§ 30.213What notice to a tribe is required in a formal probate proceeding?
§ 30.214What must a notice of hearing contain?
Depositions, Discovery, and Prehearing Conference30.215 – 30.223
§ 30.215How may I obtain documents related to the probate proceeding?
§ 30.216How do I obtain permission to take depositions?
§ 30.217How is a deposition taken?
§ 30.218How may the transcript of a deposition be used?
§ 30.219Who pays for the costs of taking a deposition?
§ 30.220How do I obtain written interrogatories and admission of facts and documents?
§ 30.221May the judge limit the time, place, and scope of discovery?
§ 30.222What happens if a party fails to comply with discovery?
§ 30.223What is a prehearing conference?
Hearings30.224 – 30.234
§ 30.224May a judge compel a witness to appear and testify at a hearing or deposition?
§ 30.225Must testimony in a probate proceeding be under oath or affirmation?
§ 30.226Is a record made of formal probate hearings?
§ 30.227What evidence is admissible at a probate hearing?
§ 30.228Is testimony required for self-proved wills, codicils, or revocations?
§ 30.229When will testimony be required for approval of a will, codicil, or revocation?
§ 30.230Who pays witnesses' costs?
§ 30.231May a judge schedule a supplemental hearing?
§ 30.232What will the official record of the probate case contain?
§ 30.233What will the judge do with the original record?
§ 30.234What happens if a hearing transcript has not been prepared?
Decisions in Formal Proceedings30.235 – 30.253
§ 30.235What will the judge's decision in a formal probate proceeding contain?
§ 30.236How are covered permanent improvements treated?
§ 30.237What notice of the decision will the judge provide?
§ 30.238May I file a petition for rehearing if I disagree with the judge's decision in the formal probate hearing?
§ 30.239Does any distribution of the estate occur while a petition for rehearing is pending?
§ 30.240How will the judge decide a petition for rehearing?
§ 30.241May I submit another petition for rehearing?
§ 30.242When does the judge's order on a petition for rehearing become final?
§ 30.243May a closed probate case be reopened?
§ 30.244When must a petition for reopening be filed?
§ 30.245What legal standard will be applied to reopen a case?
§ 30.246What must be included in a petition for reopening?
§ 30.247What is not appropriate for a petition for reopening?
§ 30.248How will the judge decide my petition for reopening?
§ 30.249What happens when the judge issues an order on reopening?
§ 30.250May a correction order be issued to correct typographical and other non-substantive errors?
§ 30.251What happens if BIA identifies additional property of a decedent after the probate decision is issued?
§ 30.252What happens if BIA identifies that property was incorrectly included in a decedent's inventory?
§ 30.253What happens if a request for reconsideration of a distribution order is timely made?