---
kind: "section"
citation: "43 C.F.R. § 30.416"
title: "43"
number: "30.416"
heading: "How does OHA decide whether a bid is successful?"
url: "https://uscodex.org/cfr/43/30.416"
---

# §30.416. How does OHA decide whether a bid is successful?


OHA will decide that a bid is successful if it meets the following requirements:

- (a) **The bid is equal to or greater than the fair market value of the interest and was timely filed.**
- (b) In cases in which consent of an heir, devisee, or surviving spouse is required for the purchase, the applicable heir devisee, or surviving spouse accepts a bid.
  - (1) OHA may hold a hearing for the purpose of determining whether the applicable heir, devisee, or surviving spouse accepts a bid.
  - (2) If multiple bids are submitted, the applicable heir, devisee, or surviving spouse may choose which bid to accept.
  - (3) If the applicable heir, devisee, or surviving spouse does not accept any bid for his or her property interest, the request to purchase that property interest at probate will be denied.

## Notes

### Amendments

[86 FR 72090, Dec. 20, 2021, as amended at 88 FR 39769, June 20, 2023]

### Source

Source: 86 FR 72090, Dec. 20, 2021, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457.

### Source

Source: 73 FR 67289, Nov. 13, 2008, unless otherwise noted.

### Amendments

[86 FR 72090, Dec. 20, 2021, as amended at 88 FR 39769, June 20, 2023]