12.02.030 Jurisdiction

(a) Personal Jurisdiction. Tribal Court shall have personal jurisdiction to probate an estate when, at the time of death, (1) the deceased was either a Tribal Member or a person eligible for enrollment as a Tribal Member and the deceased resided or owned real or personal property located within the Reservation or (2) the non-member spouse of a Tribal Member who resided on and owned personal property located within the Reservation or (3) anyone who consents to the Tribal Court's jurisdiction.

(b) Subject Matter Jurisdiction.

(1) The Tribal Court shall have exclusive jurisdiction to probate real property located within the Reservation.

(2) The Tribal Court shall have concurrent jurisdiction with any other judicial proceedings in which the deceased's estate is involved as permitted by federal law or other applicable law.

(c) Ancillary Probate/Administration. When at time of death a decedent resided in a foreign state or foreign county and he/she had a Will then his/her executor may file a petition for ancillary probate in Tribal Court when the decedent held real property on the Reservation or owned other personal property over which the Tribal Court would have jurisdiction; if there is no Will then his/her heir may file for ancillary administration in Tribal Court when the decedent held real property on the Reservation or owned other personal property over which the Tribal Court would have jurisdiction.

(d) Powers. The Tribal Court shall have authority to:

(1) appoint Administrators or Executors;

(2) determine heirs and beneficiaries;

(3) determine whether a Will is valid;

(4) carry out the requirements of this chapter; and

(5) issue any orders that may be consistent with and/or necessary to carry out the Court's authority.

(e) Control of Funeral Arrangements. Control of funeral arrangements and disposition of the remains of the deceased shall be based upon a decision of the family and the traditional customs of the Tribe.

(f) Distribution of Culturally Significant Items. Notwithstanding the provisions of this chapter relating to descent and distribution, the surviving spouse or other surviving next of kin may distribute any item of cultural or religious significance belonging to the deceased in accordance with the customs and traditions of the Saint Regis Mohawk Tribe without having to wait for the resolution of an estate in Tribal Court, provided however, that if a Will or instructions were left by the deceased, such distribution shall be in accordance with those instructions. The Tribal Court may exercise jurisdiction over claims that those directions were not followed.

(g) Nation Practices. The Tribal Court acknowledges that the traditional Longhouses use their own process to distribute the property of deceased members. The Tribal Court may recognize evidence of a distribution from a 10 Day Feast and may hear from traditional Longhouse members regarding the 10 Day Feast.