12.02.100 Petition for Court Action

(a) Initiation of Process by Petition. When a Tribal Member or non-member spouse of a Tribal Member dies without a Will and leaves an estate which falls under the jurisdiction of the Tribal Court, any Tribal Member who is an heir of the deceased may file a petition for probate of the estate. In a probate proceeding, the Tribal Court shall identify the heirs or beneficiaries by law and determine whether there are valid claims against the estate. Probate will then result in the issuance of a final order distributing the deceased's assets.

(b) Petition Requirements. The petition shall meet the following requirements:

(1) Contents. The petition will be in writing, signed by the petitioner, and include a death certificate or some other proof of death as set forth in Section 12.02.090.

(2) Proof of Court Authority. The petition must provide information establishing the deceased was:

(A) a Tribal Member who resided on the Reservation or owned real or personal property on the Reservation;

(B) a non-member spouse who resided on the Reservation and owned personal property on the Reservation; or

(3) Identification of Heirs. The petition must state the names of the heirs of the deceased, if known, and include a Family Tree as certified by the Tribal Clerk.