§ 30.140 Where and when may I file a claim against the probate estate?
§ 30.141 How must I file a claim against a probate estate?
§ 30.142 Will a judge authorize payment of a claim from the estate if the decedent’s non-trust property was or is available?
§ 30.143 Are there any categories of claims that will not be allowed?
§ 30.144 May the judge authorize payment of the costs of administering the estate?
§ 30.145 When can a judge reduce or disallow a claim?
§ 30.146 What property is subject to claims?
§ 30.147 What happens if there is not enough trust personalty to pay all the claims?
§ 30.148 Will interest or penalties charged after the date of death be paid?

Terms Used In CFR > Title 43 > Subtitle A > Part 30 > Subpart E - Claims

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Decedent: A deceased person.
  • 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.
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probate: Proving a will
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.