43 CFR Subpart J - Formal Probate Proceedings
Notice (§§ 30.210 - 30.214)
- § 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?
Depositions, Discovery, and Prehearing Conference (§§ 30.215 - 30.223)
- § 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 - 30.234)
- § 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 - 30.253)
- § 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?
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