12.02.110 Estate Distribution Principles for an Estate Without a Will

(a) Court Order. In determining the heirs of an estate, the Tribal Court shall rely upon the information provided in the petition and the Family Tree and shall issue an order identifying those persons entitled under tribal law to share in the estate according to the principles set forth in this Ordinance.

(b) Order of Inheritance. When a Tribal Member dies without leaving a Will, the following order of inheritance shall apply:

(1) Surviving Spouse. A surviving Tribal Member spouse shall inherit the real property interest in Reservation land and all other property owned by the deceased spouse. A non- member spouse may only inherit a life estate in real property as provided for in Section 12.02.240 below but may inherit all of a deceased Member's personal property. A person who is divorced from the deceased or whose marriage to the deceased has been officially annulled is not considered a surviving spouse unless, by virtue of a subsequent marriage, he/she is married to the deceased at the time of death. A decree of separation, which does not terminate the status of husband and wife, is not a divorce for purposes of this chapter.

(2) Children. If there is no surviving Tribal Member spouse, the surviving Tribal Member children shall each receive equal shares in the real property of the estate. All children shall share in the personal property of the estate.

(3) Grandchildren. If there is no surviving Tribal Member spouse or surviving Tribal Member children of the deceased, surviving Tribal Member grandchildren shall each receive equal shares of the real property and all grandchildren shall share in the personal property of the estate.

(4) Minors. In any case where minor Tribal Members may be entitled to an interest in real property, the land shall be held in trust by a legal guardian until they reach the age of majority, which is eighteen (18) years old. In any case where minors may be entitled to an interest in personal property that is sold the proceeds of the sale shall be held in trust until they reach the age of majority.

(5) Parents. If there is no surviving spouse or descendants, the surviving Tribal Member parent(s) of the deceased shall each receive equal shares of the real property and any parent(s) shall share in personal property of the estate.

(6) Siblings. In the event that a deceased Tribal member has no surviving Tribal Member spouse, children, grandchildren, or parents, the surviving Tribal Member's brothers and sisters shall each receive equal interests in the real property and shall share in the personal property of the estate.

(7) Nieces/Nephew. In the event that a deceased Tribal Member has no surviving Tribal Member spouse, children, grandchildren, parents or siblings, the surviving children of the deceased Tribal Member's siblings, if any, shall each receive an equal interest in the real property and shall share in the personal property of the estate.

(8) Aunts/Uncles. In the event that a deceased Tribal Member has no surviving Tribal Member spouse, children, grandchildren, parents, siblings or nieces and nephews then the surviving brothers and sisters of the parents of the deceased Tribal Member (aunts and uncles) shall each receive an equal interest in the real property and shall share in the personal property of the estate.

(9) Divorce. The divorce of a husband and wife does not affect the right of their children to inherit from a deceased parent's property.

(10) No Beneficiary. If there is no qualified beneficiary as outlined above, the estate shall pass to the Tribe.

(c) Agreement on Plan for Distribution. If all of the heirs agree in writing on a plan for distribution different than set out in this Ordinance, the plan may be presented to the Tribal Court for approval and the Court shall exercises its discretion in whether to approve the plan based on fairness and equity. If the heirs have not agreed to a plan, the Tribal court shall apply the rules under tribal law for ownership and distribution to the heirs. If Tribal Members and non-members are to share in an estate that includes Tribal Land, because the Tribal Land cannot be distributed to the non-member, the Tribal Court shall determine the extent to which the value of a Tribal Member's share of land should be counted towards the overall distribution of the estate. Tribal Court shall make such a determination in writing.