43 CFR 30.150 – What action will the judge take if the interested parties agree to settle matters among themselves?
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(a) A judge may approve a settlement agreement among interested parties resolving any issue in the probate proceeding if the judge finds that:
Terms Used In 43 CFR 30.150
- 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.
- Probate: Proving a will
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1) All parties to the agreement are advised as to all material facts;
(2) All parties to the agreement understand the effect of the agreement on their rights; and
(3) It is in the best interest of the parties to settle.
(b) In considering the proposed settlement agreement, the judge may consider evidence of the respective values of specific items of property and all encumbrances.
(c) If the judge approves the settlement agreement under paragraph (a) of this section, the judge will issue an order approving the settlement agreement and distributing the estate in accordance with the agreement.