View all text of Subpart M [§ 30.400 - § 30.424]

§ 30.416 - How does OHA decide whether a bid is successful?

OHA will decide that a bid is successful if it meets the following requirements:

(a) The bid is equal to or greater than the fair market value of the interest and was timely filed.

(b) In cases in which consent of an heir, devisee, or surviving spouse is required for the purchase, the applicable heir devisee, or surviving spouse accepts a bid.

(1) OHA may hold a hearing for the purpose of determining whether the applicable heir, devisee, or surviving spouse accepts a bid.

(2) If multiple bids are submitted, the applicable heir, devisee, or surviving spouse may choose which bid to accept.

(3) If the applicable heir, devisee, or surviving spouse does not accept any bid for his or her property interest, the request to purchase that property interest at probate will be denied.

[86 FR 72090, Dec. 20, 2021, as amended at 88 FR 39769, June 20, 2023]