12.02.210 Executor of the Will

(a) When Executor is Named in Will. If the Tribal Court concludes the Will is valid, the Executor named in the Will shall be appointed to administer the estate according to the terms of this chapter and the deceased's Will.

(b) When No Executor is Named. If there is no Executor named, an Executor shall be appointed based upon the same procedure used to appoint Administrator in Section 12.02.130 above.

(c) Unwilling or Unable to Serve. If the appointed Executor is unwilling or unable to serve as Executor, then the Tribal Court shall appoint whomever all of the beneficiaries select and agree upon to act as Executor. Absent agreement, Tribal Court shall have discretion in making the appointment to give preference to the surviving spouse and then to a child of the deceased over eighteen (18) years of age. In the rare circumstance where there is no duly enrolled Tribal Member who is able to assume the responsibility of Executor, the Tribal Court may in its discretion name a qualified third party to serve as Executor.

(d) Oath. Upon his/her appointment, the person appointed Executor shall take an oath prepared by the Tribal Court to the effect that he/she will 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