43 C.F.R. § 4.240 Decision of the administrative law judge or Indian probate judge and notice thereof.
Title 43 - Public Lands: Interior
(a) The administrative law judge or Indian probate judge must decide the issues of fact and law involved in any formal proceedings and must incorporate the following in his or her decision: (1) In all cases, the names, identifying numbers as assigned by BIA, birth dates, relationships to the decedent, and shares of heirs, with citations to the law of descent and distribution in accordance with which the decision is made, or the fact that the decedent died leaving no legal heirs; (2) In testate cases, approval or disapproval of the will with construction of its provisions, and the names, identifying numbers as assigned by BIA, and relationships to the testator of all beneficiaries and a description of the property which each is to receive; (3) Allowance or disallowance of claims against the estate; (4) Whether heirs or beneficiaries are non-Indian, exclusively alien Indians, or Indians whose property is not subject to Federal supervision; and (5) A determination of any rights of dower, curtesy, or homestead that may constitute a burden upon the interest of the heirs. (b) When the administrative law judge or Indian probate judge issues a decision, he or she must: (1) Issue a notice of the decision to all parties who have or claim any interest in the estate; and (2) Must mail a copy of the notice, together with a copy of the decision, to the Superintendent and to each interested party simultaneously. (c) The decision will not become final and no distribution may be made thereunder until the expiration of the 60 days allowed for the filing of a petition for rehearing by aggrieved parties as provided in §4.241.
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart D—Rules Applicable in Indian Affairs Hearings and Appeals
Decisions in Formal Proceedings
§ 4.240 Decision of the administrative law judge or Indian probate judge and notice thereof.
