---
kind: "section"
citation: "43 C.F.R. § 4.324"
title: "43"
number: "4.324"
heading: "How is the record on appeal prepared?"
url: "https://uscodex.org/cfr/43/4.324"
---

# §4.324. How is the record on appeal prepared?

- (a) On receiving a copy of the notice of appeal, the probate judge whose order is being appealed must notify:
  - (1) The agency concerned; and
  - (2) The LTRO where the original record was filed under [§ 30.233](/cfr/43/30.233.md) of this subtitle.
- (b) If a transcript of the hearing was not prepared, the probate judge must have a transcript prepared and forwarded to the LTRO within 30 days after receiving a copy of the notice of appeal. The LTRO must include the original transcript in the record.
- (c) Within 30 days of the receipt of the transcript, the LTRO must do the following:
  - (1) Prepare a table of contents for the record;
  - (2) Make two complete copies of the original record, including the transcript and table of contents;
  - (3) Certify that the record is complete;
  - (4) Forward the certified original record, together with the table of contents, to the Board by certified mail, electronic transmission in accordance with [§ 4.310(b)](/cfr/43/4.310.md?p=b), or other service with delivery confirmation; and
  - (5) **Send one copy of the complete record to the agency.**
- (d) While the appeal is pending, the copies of the record will be available for inspection at the LTRO and the agency.
- (e) Any party may file an objection to the record. The party must file his or her objection with the Board within 15 days after receiving the notice of docketing under [§ 4.325](/cfr/43/4.325.md).
- (f) For any of the following appeals, the probate judge must prepare an administrative record for the order and a table of contents for the record and must forward them to the Board:
  - (1) An interlocutory appeal under [§ 4.28](/cfr/43/4.28.md);
  - (2) An appeal from an order under [43 CFR 30.253](/cfr/43/30.253.md) regarding added or omitted property; or
  - (3) An appeal from an order under [43 CFR 30.124](/cfr/43/30.124.md) determining that a person for whom a probate proceeding is sought is not deceased.

## Notes

### Amendments

[76 FR 7505, Feb. 10, 2011, as amended at 88 FR 5793, Jan. 30, 2023; 90 FR 2412, Jan. 10, 2025]

### Source

Source: 70 FR 11826, Mar. 9, 2005, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410; Pub. L. 99-264, 100 Stat. 61, as amended.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

### Amendments

[76 FR 7505, Feb. 10, 2011, as amended at 88 FR 5793, Jan. 30, 2023; 90 FR 2412, Jan. 10, 2025]