43 CFR 30.120 – What authority does the judge have in probate cases?
A judge who is assigned a probate case under this part has the authority to:
Terms Used In 43 CFR 30.120
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Intestate: Dying without leaving a will.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- restricted property: as used in this part does not include the restricted lands of the Five Civilized Tribes of Oklahoma or the Osage Nation. See 43 CFR 30.101
- Testate: To die leaving a will.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) Determine the manner, location, and time of any hearing conducted under this part, and otherwise to administer the cases;
(b) Determine whether an individual is deemed deceased by reason of extended unexplained absence or other pertinent circumstances;
(c) Determine the heirs of any Indian or eligible heir who dies intestate possessed of trust or restricted property;
(d) Approve or disapprove a will disposing of trust or restricted property;
(e) Accept or reject any full or partial renunciation of interest in either a testate or intestate proceeding;
(f) Approve or disapprove any consolidation agreement;
(g) Conduct sales at probate and provide for the distribution of interests in the probate decision and order;
(h) Allow or disallow claims by creditors;
(i) Order the distribution of trust property to heirs and devisees and determine and reserve the share to which any potential heir or devisee who is missing but not found to be deceased is entitled;
(j) Determine whether a tribe has jurisdiction over the trust or restricted property and, if so, the right of the tribe to receive a decedent‘s trust or restricted property under 25 U.S.C. § 2206(a)(2)(B)(v), 2206(a)(2)(D)(iii)(IV), or other applicable law;
(k) Issue subpoenas for the appearance of persons, the testimony of witnesses, and the production of documents at hearings or depositions under 25 U.S.C. § 374, on the judge’s initiative or, within the judge’s discretion, on the request of an interested party;
(l) Administer oaths and affirmations;
(m) Order the taking of depositions and determine the scope and use of deposition testimony;
(n) Order the production of documents and determine the scope and use of the documents;
(o) Rule on matters involving interrogatories and any other requests for discovery, including requests for admissions;
(p) Grant or deny stays, waivers, and extensions;
(q) Rule on motions, requests, and objections;
(r) Rule on the admissibility of evidence;
(s) Permit the cross-examination of witnesses;
(t) Appoint a guardian ad litem for any interested party who is a minor or found by the judge not to be competent to represent his or her own interests;
(u) Regulate the course of any hearing and the conduct of witnesses, interested parties, attorneys, and attendees at a hearing;
(v) Determine and impose sanctions and penalties allowed by law; and
(w) Take any action necessary to preserve the trust assets of an estate.