43 CFR 30.140 – Where and when may I file a claim against the probate estate?
You may file a claim against the estate of an Indian with BIA or, after the agency transfers the probate file to OHA, with OHA.
Terms Used In 43 CFR 30.140
- Probate: Proving a will
(a) In a formal probate proceeding, you must file your claim before the conclusion of the first hearing. Claims that are not filed by the conclusion of the first hearing are barred.
(b) In a summary probate proceeding, if you are a devisee or eligible heir, you must file your claim with OHA within 30 days after the mailing of the notice of summary probate proceeding. Claims of creditors who are not devisees or eligible heirs will not be considered in a summary probate proceeding unless they were filed with the agency before it transferred the probate file to OHA.