§ 30.235 What will the judge’s decision in a formal probate proceeding contain?
§ 30.236 How are covered permanent improvements treated?
§ 30.237 What notice of the decision will the judge provide?
§ 30.238 May I file a petition for rehearing if I disagree with the judge’s decision in the formal probate hearing?
§ 30.239 Does any distribution of the estate occur while a petition for rehearing is pending?
§ 30.240 How will the judge decide a petition for rehearing?
§ 30.241 May I submit another petition for rehearing?
§ 30.242 When does the judge’s order on a petition for rehearing become final?
§ 30.243 May a closed probate case be reopened?
§ 30.244 When must a petition for reopening be filed?
§ 30.245 What legal standard will be applied to reopen a case?
§ 30.246 What must be included in a petition for reopening?
§ 30.247 What is not appropriate for a petition for reopening?
§ 30.248 How will the judge decide my petition for reopening?
§ 30.249 What happens when the judge issues an order on reopening?
§ 30.250 May a correction order be issued to correct typographical and other non-substantive errors?
§ 30.251 What happens if BIA identifies additional property of a decedent after the probate decision is issued?
§ 30.252 What happens if BIA identifies that property was incorrectly included in a decedent’s inventory?
§ 30.253 What happens if a request for reconsideration of a distribution order is timely made?

Terms Used In CFR > Title 43 > Subtitle A > Part 30 > Subpart J > Decisions in Formal Proceedings

  • 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.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dower: A widow
  • 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.
  • 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.
  • Law of descent: The State statutes that specify how a deceased person
  • 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
  • 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.
  • Testate: To die leaving a will.