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Current as of October 02, 2022 | Updated by FindLaw Staff
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.
(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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 43. Public Lands: Interior § 43.30.140 Where and when may I file a claim against the probate estate? - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-43-public-lands-interior/cfr-sect-43-30-140/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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