§ 15.12 - What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?

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This section applies if an interested party or BIA:

Learns of the death of a person owning trust or restricted property; and

Believes that an emergency exists and the assets in the estate may be significantly diminished or destroyed before the final decision and order of a judge in a probate case.

An interested party, the Superintendent, or other authorized representative of BIA has standing to request relief.

The interested party or BIA representative may request:

That OHA immediately assign a judge or ADM to the probate case;

That BIA transfer a probate file to OHA containing sufficient information on potential interested parties and documentation concerning the alleged emergency for a judge to consider emergency relief in order to preserve estate assets; and

That OHA hold an expedited hearing or consider ex parte relief to prevent impending or further loss or destruction of trust assets.