Attachment A for Probate

Attachment A

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Table 1. Estimated Burden Hours for Public

Old CFR Section1	New CFR Section	Description of Info Collection Requirement	No. of Respondents (Annual)	Responses per Respondent (Annual)	Hourly Burden per Response	Total Hourly Burden (Annual)*	Current OMB Inventory Hours	Cost Burden @ $15/hour	Current OMB O&M/Annual-ized Cost Inventory	Explanation of Difference
---	15.4	Testator affidavit for self-proving will	1,000	1	0.5	500	0	$7,500	$0	New section allows testators to “self prove” their wills with affidavit
---	15.4	Witness affidavit for self-proving will	2,000	1	0.5	1,000	0	$15,000	$0	New section for “self proving” wills requires two witnesses for each testator to file affidavits
15.101	15.104	Reporting req.- death certificate2	5,850	1	5	29,250	23,400	$438,750	$0	New section requires additional information where a death certificate is not provided. 3
15.106	15.201	Reporting funeral expenses	5,850	1	2	11,700	11,700	$175,500	$0	No change.
15.104	15.105	Provide probate documents	21,235	1	45.5	966,193	939,649	$14,492,895	$0	Amendments delete requirement for birth certificate, but add other requirements.
15.109	____	Provide disclaimer info (¼)	0	0	0	0	7,887	$0	$0	Section deleted.
15.303	15.202	File claim against estate (affidavit)	N/A	N/A	N/A	N/A			$0
15.203	N/A	Provide response to transmittal	0	0	0	0	2,972	$0	$0	This requirement has been deleted.
15.303	15.202	Provide info on creditor claim (6 per probate)	35,100	1	0.5	17,550	63,705	$263,250	$0	Adjustment decrease of 46,155 hrs for 6 claims per probate
15.402	15.403	Provide info for filing appeal	0	0	0	0	53,088	$0	$0	Program change decrease of 53,088 - now only have to file a notice of appeal
***	15.505	Provide tribal information for probate file4	562	10	2	11,240	0	$168,600	$0	New requirement for tribes to provide enrollment information, upon request.
	Total		Respondents5=64,915	Responses6= 76,655		1,037,433	1,094,5147	$15,561,495	$0	-57,080.50

*No. of Respondents x Responses per Respondent x Hourly Burden per Response= Total Hourly Burden

¹ Note: Part 15 was amended in March 2005; however, it appears that no PRA package for these revisions was submitted. As such, the section cross-references in Attachment A of the Supporting Statement refer to pre-March 2005 sections.

²For the purposes of this part only, we have used the number 5,850 as the number of individual Indian decedents’ estates that are probated on the average each year.

³ Specifically, the new section requires the public to provide information concerning the deceased, such as the state, city, reservation, location, date and cause of death, the last known address of the deceased, names and addresses of others who may have information about the deceased, and any other information available concerning the deceased, such as newspaper articles, obituary or death notices or a church or court record.

⁴ For the purposes of this part only, we have assumed that each Federally recognized tribe will have approximately ten decedents per year for which the tribe will have to provide enrollment, family history or other data for heirs and devisees of those decedents during probate.

⁵ Total respondents = 1,000 testators + 2,000 witnesses + 5,850 persons who both inform of death and request funeral expenses + 21,235 members of the public + 35,100 creditors + 562 tribes = 64,915

⁶ Total responses= sum of number of responses required (i.e., no. of respondents x responses per respondent) under each section.

⁷ This number (1,094,513.5) is the current OMB inventory, but appears to be the result of an addition error, as the hours for each section add up to 1,102,401. Therefore, while the decrease in hours is noted as 57,080.50, the actual decrease appears to be approximately 64,968.

⁸ The cost of reporting and recordkeeping by the public is estimated to be approximately $15/hour on average based on an average annual salary of $30,000. We have used this figure as a medium figure that would indicate the cost of having a form typed, the cost of taking an hour’s time off work or the cost of time at work where providing the information is within the scope of employment, the cost of using one’s vehicle, plus time spent on the activity, and other miscellaneous costs that may be associated with obtaining the information needed to fulfill this part’s information collection requirements.

Table 2. Estimated Burden Hours for the Federal Government

Old CFR Section	New CFR Section	Description of Info Collection Requirement	No. of Responses (Annual)	Hourly Burden per Response	Total Hourly Burden (Annual)*	Cost Burden @ $24.25 /hour	Explanation of Difference
---	15.4	Review affidavits	3,000	0.5	1,500	$72,750	Review of “self-proving” affidavits for completeness
15.101	15.105	Reporting req.- death certificate	5,850	4.25	24,862.50	$602,915.63	Review of additional information.
15.106	15.201	Reporting funeral expenses	5,850	2.5	14,625	$354,656.25	No change.
15.104	15.106	Provide probate documents	21,235	47	998,045	$24,202,591	Requirement for birth certificate deleted, but add new information to review.
15.109	____	Provide disclaimer info (¼)	5,258	1	0	$0	Section deleted.
15.202	15.302	Include additional documents in the probate file:	21,235	60	1,274,100	$30,896,925	Increase in number of documents Government must obtain and review
15.203	N/A	Provide response to transmittal	0	0	0	0	Requirement deleted.
15.303	15.202	Provide info on creditor claim (6 per probate)	127,410	0.5	63,705	$1,544,846.30	No change.
15.305	N/A	Provide information for priority claims	0	0	0	$0	Requirement deleted.
15.402	15.403	Provide info for filing appeal	0	0	0	$0	Requirement deleted.
***	15.505	Provide tribal information for probate file3	5620	0.50	2,810	$6,814.25	New requirement
15.504	15.503	Notice of Recordkeeping	5,850	1 minute	97.5	$2,437	No change.
	Total				2,379,745	$57,683,936	368,729.4hours/ $22,306,729

Table 3. Estimated Annual Cost Burden

Old CFR Section	New CFR Section	Total annualized capital/startup costs	Total Annual Costs (O&M)	Total annualized cost requested	Current OMB inventory	Difference	Explanation of difference
15.101	15.104	$0	$0	$0	$0	$0	N/A
15.106	15.201	$0	$0	$0	$0	$0	N/A
15.104	15.105	$0	$0	$0	$0	$0	N/A
15.109	____	$0	$0	$0	$0	$0	N/A
15.202	15.302	$0	$0	$0	$0	$0	N/A
15.203	N/A	$0	$0	$0	$0	$0	N/A
15.303	15.202	$0	$0	$0	$0	$0	N/A
15.305	N/A	$0	$0	$0	$0	$0	N/A
15.402	15.403	$0	$0	$0	$0	$0	N/A
***	15.505	$0	$0	$0	$0	$0	N/A