12.02.200 Proving or Contesting a Will

(a) Notice. Within ten days of receiving a petition for probate of a Will, the Tribal Court shall issue notices that the petition has been filed. The notice shall state that anyone wishing to contest the Will shall have thirty (30) days from the date of the notice to file objections. The Tribal Court shall provide a notice to identified heirs and beneficiaries in writing by certified mail or some other form of service that provides for proof of delivery. In addition, the Petitioner shall provide notice to the public by publishing the notice for three consecutive weeks in a publication of general distribution on the Reservation.

(b) Uncontested Will. If, after thirty (30) days, no objections have been filed, the Court may consider the Will to be uncontested, and may proceed based on the petition and supporting documents or evidence.

(c) Contested Will. In order to contest a Will, an interested party must file an objection in writing setting forth the basis of the objections. Anyone objecting to a Will shall have the burden of proof. The Petitioner or any other interested party shall have twenty (20) days to file a reply to the objections. The Tribal Court shall take no further action with respect to the probate of the estate until a hearing has been held on any objections, such hearing to be held within thirty (30) days of the last pleadings filed.

(d) Order. Upon considering all relevant evidence concerning the Will, the Tribal Court shall enter an order which either affirms that the Will may be probated by the Court or rejects such Will and orders that the probate of the deceased's estate shall proceed as if the deceased had died without making a Will. An order affirming or rejecting a Will is a final order and may be appealed to Tribal Appellate Court before probate proceeds.