Current through September 30, 2024
Section 30.214 - What must a notice of hearing contain?The notice of hearing under § 30.114 must:
(a) State the name of the decedent and caption of the case;(b) Specify the date, time, and place that the judge will hold a hearing to determine the heirs of the decedent and, if a will is offered for probate, to determine the validity of the will;(c) Name all potential heirs of the decedent known to OHA, and, if a will is offered for probate, the devisees under the will and the attesting witnesses to the will;(d) Cite this part as the authority and jurisdiction for holding the hearing;(e) Advise all persons who claim to have an interest in the estate of the decedent, including persons having claims against the estate, to be present at the hearing to preserve the right to present evidence at the hearing;(f) Include notice of the opportunity to consolidate interests at the probate hearing, including that the heirs or devisees may propose additional interests for consolidation, and include notice of the opportunity for renunciation either generally or in favor of a designated recipient;(g) In estates for decedents whose date of death is on or after June 20, 2006, include notice of the possibilities of purchase and sale of trust or restricted property in accordance with Federal law or Secretarially approved Tribal probate codes by heirs, devisees, co-owners, a Tribe or the Secretary; and(h) State that the hearing may be continued to another time and place.73 FR 67289, Nov. 13, 2008, as amended at 86 FR 72087, Dec. 20, 2021