3.15.020 Jurisdiction of the Tribal Probate Court.
(A) The Probate Court shall have the power to:
(1) Grant administration of intestate estates of any person who has died domiciled on Tribal aboriginal lands.
(2) Admit wills to probate of any person who has died domiciled on Tribal aboriginal lands for the purpose of testate distribution.
(3) Construe the meaning and effect of any will or trust agreement if such construction is required in connection with the administration or distribution of a trust or estate otherwise subject to the jurisdiction of the Probate Court. The Court shall distribute all properties, wherever such be located, or with respect to an intervivos trust, if that trust is or could be subject to jurisdiction of the Court on request for an accounting.
(4) Have all authority necessary to take evidence on and determine the validity of any will or other document, the qualifications of any person to be a personal representative, the family relationships of the decedent, or any other matter necessary and relevant to determining the proper distribution of a decedent’s estate under this Code.
(5) The Court shall have the broadest possible authority to execute its duties and responsibilities under this Code. It shall have authority to probate all estate interests subject to this Code, which do not come within the exclusive jurisdiction of the United States.
(B) Upon application to probate of trust and restricted property, the United States Department of the Interior administrative law judges or others hearing probates of trust and restricted property subject to this Code shall apply the provisions of this Code to the maximum extent permitted by law.
(C) Indian Custom and Tradition – Distribution of Indian Finery and Artifacts. Notwithstanding the provisions of this Code relating to descent and distribution, Indian artifacts and finery belonging to the decedent shall be distributed in accordance with the customs and traditions of the Karuk Tribe, and the Tribal Court shall have no jurisdiction to hear the issue. Such distribution shall be in accordance with directions left by the decedent, if any, or, if the decedent left no directions, shall be as directed by the surviving spouse of the decedent; if the decedent leaves no surviving spouse, then by direction of the decedent’s eldest surviving adult sibling; if decedent leaves neither a surviving spouse nor surviving adult sibling, then by direction of the decedent’s parents; if the decedent leaves neither surviving spouse, surviving adult sibling nor surviving parents, then by direction of the eldest surviving adult child of the decedent. [Res. 06-R-53 § 1.1, 5/3/2006.]