Section 30.235 - What will the judge's decision in a formal probate proceeding contain?The judge must decide the issues of fact and law involved in any proceeding and issue a written decision that meets the requirements of this section.
(a) In all cases, the judge's decision must:(1) Include the name, birth date, and relationship to the decedent of each heir or devisee;(2) If relevant, state whether the heir or devisee is Indian or non-Indian;(3) State whether the heir or devisee is eligible to hold property in trust status;(4) Provide information necessary to identify the persons or entities and property interests involved in any settlement or consolidation agreement, renunciations of interest, and purchases at probate;(5) Approve or disapprove any renunciation, settlement agreement, consolidation agreement, or purchase at probate;(6) Allow or disallow claims against the estate under this part, and order the amount of payment for all approved claims;(7) Include the probate case number that has been assigned to the case in any case management or tracking system then in use within the Department;(8) Make any other findings of fact and conclusions of law necessary to decide the issues in the case; and(9) Include the signature of the judge and date of the decision.(b) In a case involving a will, the decision must include the information in paragraph (a) of this section and must also: (1) Approve or disapprove the will;(2) Interpret provisions of an approved will as necessary; and(3) Describe the share each devisee is to receive under an approved will, subject to any encumbrances.(c) In all intestate cases, including a case in which a will is not approved, and any case in which an approved will does not dispose of all of the decedent's trust or restricted property, the decision will include the information in paragraph (a) of this section and must also:(1) Cite the law of descent and distribution under which the decision is made; and(2) Describe the distribution of shares to which the heirs are entitled; and(3) Include a determination of any rights of dower, curtesy, or homestead that may constitute a burden upon the interest of the heirs.73 FR 67289, Nov. 13, 2008, as amended at 86 FR 72087, Dec. 20, 2021