12.02.130 Appointment of Administrator

(a) General. In all cases other than Small Estates, the Tribal Court shall appoint an Administrator.

(b) Request for Appointment. A person seeking appointment as the Administrator must file an application with the Tribal Court along with a filing fee to be determined by the Tribal Court. The application shall set forth the petitioner's relationship to the deceased and the applicant's tribal enrollment status. The applicant must also provide written consents, if any, from each heir to his/her appointment as Administrator. The Application, Family Tree and Consent Forms shall all be promulgated by the Court and may be amended from time to time.

(c) Who May Be Appointed. Any Tribal Member may apply to be appointed as administrator. The following persons, if legally competent, shall be appointed in this priority order: the surviving spouse; any child of the deceased who is over eighteen (18) years of age; any other blood relative in order of their closeness of relationship; or any other adult Tribal Member. In the rare circumstance where there is no enrolled Tribal Member able to assume the responsibility of Administrator, the Tribal Court may appoint a qualified third party, who may be a non-member who shall consent to the jurisdiction of Tribal Court.

(d) Executor Acting as Administrator. When a Will does not dispose of all the deceased's property, that omitted property shall pass according to the provisions of this subchapter and the Executor appointed in the Will may act as the Administrator to distribute the property with the rest of the estate.

(e) Hearing. If all heirs have consented to the applicant serving as Administrator, the Tribal Court shall grant the application without a hearing. If all of the heirs do not consent, then the Tribal Court shall schedule a hearing within thirty (30) days of the application being filed. The Tribal Court shall serve all of the heirs with notice of the hearing. At the hearing, Tribal Court shall determine who should be appointed Administrator based upon a preponderance of the evidence and the estate's best interest.

(f) Bond. If the value of the estate warrants it, the Tribal Court has the discretion to require that the Administrator file a bond in an amount to be set by the Tribal Court to insure his/her faithful, honest performance of his/her duties as Administrator. No bond shall be required of an Administrator who is the spouse or child of a deceased, unless evidence suggests it is necessary or desirable.

(g) Oath. Upon appointment as Administrator, the person appointed shall take an oath prepared by the Tribal Court, to faithfully and honestly administer the estate. The oath may be taken in person at the Tribal Court or may be done in writing on a form prepared by the Tribal Court and which shall require that the Administrator's signature be notarized.