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