12.02.150 Administrator Duties and Procedures

(a) Preliminary expenses.

The Administrator is required to pay for funeral expenses and any outstanding medical bills using the property of the estate, if available. The Administrator is not required to pay any expenses out of pocket.

(b) Inventory.

(1) List of Assets. The Administrator is required to take an inventory of all property and assets of the deceased. Assets may or may not include family heirlooms or items of sentimental value. This inventory shall be filed with Tribal Court within thirty (30) days after his/her appointment. The inventory should include an estimated value of all property and assets of the deceased. If an asset is of significant value, such as real property, an appraisal is recommended. The inventory should also indicate those items intended to be sold for the payment of debts or other estate requirements, if any. The Administrator shall provide a copy of this inventory to all persons with a known interest in the estate at the same time it is filed with the Court.

(2) Advances. Property given to an heir during the deceased's lifetime shall not be treated as an advance against the heir's share of the estate unless the advance was declared in writing by the deceased or the heir at the time of the advance. Known advances should be listed in the inventory.

(3) Objection to Inventory. Within thirty (30) days of the receipt of the inventory, any person with an interest in the estate may file an objection to the inventory or to the sale of any item in the inventory.

(4) Hearing and Court Review. If objections to the inventory are filed, the Tribal Court shall schedule a hearing to be held within thirty (30) days. The Tribal Court shall notify all interested parties of the hearing. Upon consideration of the objections, the Tribal Court may order an amendment to the inventory or appraisal, or issue an order regarding the sale of property, as it deems just and proper to carry out the terms of the estate.

(1) Identification. The Administrator is required to identify all creditors of the estate. To do so, the Administrator shall search the deceased's records for bills, notices, loan papers, and other documentation that suggests the deceased may have outstanding debts. The Administrator has the duty to contact all known creditors to determine amounts owed and the process for addressing bills and other debts. The Administrator shall also publish a public notice within thirty (30) days of appointment stating that all other creditors must present their claims to the Administrator and that only the claims presented may be considered for payment by the estate. The notice shall give the creditors thirty (30) days to respond and will clearly state the final date for claims to be presented. Unless there is a waiver or modification approved by the Court, the notice shall be posted on the Tribe's website, and published for three consecutive weeks in a publication of general distribution on the Reservation and if deemed necessary in the nearby towns of Massena and Malone.

(2) Documentation. For those debts identified by the Administrator from the estate records, the Administrator shall prepare a list of the amounts owed and any necessary forms or documentation needed to resolve the debts and close accounts. Any other claims submitted by a creditor shall be presented in an affidavit and shall include documentation, such as writings or witness statements, as necessary for the Administrator and the Tribal Court to determine if the claim is valid. The creditor shall state under oath that its claim is justly due, that to the extent payments were made by the deceased they have been credited, and that it knows of no offsets against the claim. If a creditor fails to present a claim within the time period allowed, the creditor may request Tribal Court in its discretion allow it to file the claim directly with the Tribal Court at the same time the Administrator presents the creditors' claims under subsection (4) below. Such requests shall not be unreasonably denied.

(3) Administrator Review. Once the Administrator collects the creditors' claims, the Administrator shall review them and shall notify the creditors as to whether they are accepted or rejected and explain the reasons for the decision. The Administrator is required to make a decision and provide notice within thirty (30) days of presentation of the claim.

(4) Court Review.

(A) The Administrator shall notify the Tribal Court as to whether any creditor claims have been presented.

(B) If there are claims, the Administrator shall provide the Tribal Court with a list of claims with supporting documentation explaining whether the claim has been accepted or rejected. The Administrator must present this information to the Court no later than forty-five (45) days after the creditor claim period has closed.

(C) Rejected creditors have ten (10) days to respond to the list filed with the Court. If after ten (10) days, no objections are filed, the Court may approve the list and the Administrator may pay the approved claims. If a rejected creditor files an objection, the Tribal Court shall determine the validity of the claim and the objection, relying on the affidavit or personal testimony of the claimant. If an objection is filed, the Administrator may pay creditors only after the Tribal Court issues an order regarding the validity of the claims. At no time, shall the Tribal Court permit the sale of Tribal Land to satisfy an estate's debts except if the claimant can show that the deceased expected his/her land to be sold to satisfy the outstanding debt.

(5) Timing

In sum, the time frame for Administrators as set forth in this chapter is as follows:

(A) Inventory.

Within thirty (30) days after appointment, the Administrator will present an estate inventory to the Tribal Court.
Objections to the inventory are to be filed with the Tribal Court no later than thirty (30) days thereafter.
If objections are filed, the Tribal Court must hold a hearing within thirty (30) days.

(B) Creditor's Claims.

Within thirty (30) days after appointment, the Administrator must publish a public notice asking for creditors to bring forth their claims.
A Creditor will have thirty (30) days from the date of the last public notice to file a claim with the Administrator.
The Administrator will have thirty (30) days from the filing of the claim to decide whether to recognize the creditor's claim.
If claims are filed or debts are identified, the Administrator must file a list of claims with the Tribal Court within forty-five (45) days after the claim period closes.
Rejected creditors have ten (10) days to file with the Tribal Court documentation explaining why they should be paid.

(d) Distribution of Estate.

The Administrator is responsible for distributing the estate once heirs are identified and the creditors, if any, have been identified.

(1) Creditors. All verified claims of creditors allowed by the Tribal Court and identified debts shall be paid before distribution of the estate to the heirs.

(2) Accounting. Before distributing the estate to the heirs, the Administrator must provide the Tribal Court with an accounting of the estate assets for approval. The accounting will show all disbursements made for expenses and creditors, and shall include receipts. The accounting will also show the computation of any attorney's and/or Administrator's fees for which approval is sought. The accounting will set out the remaining estate to be distributed and contain a statement that the estate is ready to be distributed to the heirs. The accounting may include a signed consent form from each heir to the proposed distribution from the estate.

(3) Advances. When distributing property among the heirs, any property that was advanced is valued at the time the heir came into possession of the property.

(4) Administrator Fee. If an Administrator requests a fee, the Tribal Court shall establish the percentage for compensation on a case by case basis, but in no event shall the percentage be more than five (5%) percent of the total value of the gross estate.

(e) Order Approving Distribution and Closing of Estate.

(1) Order of Distribution. When the Tribal Court is satisfied that an estate is ready to be distributed and the Administrator has set out the plan for distribution in the accounting, the Tribal Court shall issue an order approving the distribution.

(2) Closing of Estate. Once the estate is distributed, the Administrator shall file a statement with the Tribal Court stating that the estate is fully administered and ready to be closed, with receipts showing that the estate is fully distributed. Upon receipt of this statement, the estate shall be closed, the Administrator of the estate shall be dismissed, and if applicable, his/her bond shall be released.

(f) Reopening an Estate. An estate may be reopened in the following circumstances:

(1) Discovery of Will. If an estate has passed through probate on the assumption that a Will does not exist, but a Will is later discovered, the estate may be reopened so long as the petition to reopen is filed within sixty (60) days of discovery of the Will. An estate may only be reopened within two years of the final order closing the estate and only in extraordinary circumstances. In no instance may property be re-claimed by a newly identified heir if the property has been sold or transferred to a third party (bona fide purchaser).

(2) Discovery of Property. If property is discovered after an estate has been closed, the estate may be reopened to dispose of the property. The Tribal Court shall order distribution of the property to the person or persons entitled thereto after issuing whatever orders are necessary to assure a just participation of the after-discovered property in the expenses of the estate.