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“Abatement” means to reduce or decrease.

“Administrator” means the person appointed by will or by the Tribal Court to administer the estate of a decedent according to this Probate Code.

“Beneficiary” means any person named in a will to receive an interest in property other than in a fiduciary capacity.

“Codicil” means a supplement or addition to a will that modifies or partially revokes an existing earlier will. A codicil need not refer to or be attached to the earlier will to be valid.

“Community property” shall mean real or personal property, or any interest therein, acquired by either spouse during a marriage other than by gift, inheritance, bequest or devise.

“Decedent” means a person who has died leaving property that is subject to administration.

“Devisee” means a person to whom land or other real property is given by will.

“Domicile” means the place where a person has his true and fixed permanent home and principal residence.

“Escheat” means reversion of property to the tribe because there exists no valid heir or person to inherit.

“Estate” means all of the assets and liabilities of a deceased person subject to administration.

“Fiduciary” means a person or institution that manages money or property for another and who must exercise the highest standard of care in such management activity.

“Heirs” means those persons, including the surviving spouse, who are entitled under the rules of intestate succession to the real and personal property of a decedent on the decedent’s death intestate.

“Incompetent” means a person who is substantially incapable of managing his or her property or personal care by reasons of age, infirmity, developmental disability, or other like incapacities. Physical disability without mental incapacity is insufficient to establish incompetency.

“Indian” means a member of the Karuk Tribe or any other person of Indian blood who is a member of a federally recognized Indian tribe, or recognized by the community as an Indian.

“Interested person” means an heir of the decedent, a beneficiary under a document offered for probate, a beneficiary of a trust created by document offered for probate, a named administrator or personal representative in any document offered for probate as the will, the Tribe, and any additional persons so designated by the Tribal Court.

“Intestate” shall mean that a person has died without making a valid will as to some or all of his assets. Such property will pass to other persons under the intestate succession rules of this Probate Code.

“Intestate succession” means succession of property of a decedent without a will as set forth in this Code.

“Issue” means all the lineal descendants of the ancestor including all lawfully adopted children. Children who have been cared for or considered adopted by custom shall not be considered issue of the ancestor unless lawfully adopted except as designated by will. Posthumous children are considered as living at the death of their parent.

“Legatee” shall mean a person to whom personal property is given by will.

“Net estate” shall mean the real and personal property of a decedent exclusive of exempt property, the family allowance and enforceable claims against, and debts of, the decedent or the estate.

“Nonprobate asset” means those rights and interests of a person having beneficial ownership of an asset that pass on the person’s death under a written instrument or arrangement other than the person’s will. “Nonprobate asset” includes, but is not limited to, a right or interest passing under a joint tenancy with right of survivorship, joint bank account with right of survivorship, payable on death or trust bank account, transfer on death security or security account, deed or conveyance if possession has been postponed until the death of the person, trust of which the person is grantor and that becomes effective or irrevocable only upon the person’s death, community property agreement, individual retirement account or bond, or similar document.

“Parent” means the biological or lawful adoptive mother or father of a person. It does not include any person whose parent-child relationship has been terminated by an order issued by a court of competent jurisdiction and recognized by the Tribal Court.

“Personal property” means any property that is not included in the definition of real estate, or any interest therein.

“Personal representative” means that person appointed by the Court to carry out the powers and duties conferred by this Code on behalf of the estate. A personal representative may be appointed in addition to a named administrator.

“Pretermitted heir” means a child or other descendant intentionally and expressly omitted from the will of a testator.

“Real estate” means all interests and estates in land, including leasehold interests and improvements to land such as houses or other buildings that have been affixed to the land. A mobile or modular home which is located on individual trust property and subject to a security interest, mortgage, promissory note or other financing agreement or which is located on Tribal fee or trust property shall be considered personal property for purposes of this Code. All other mobile and modular homes shall be considered real estate for purposes of this chapter.

“Real property” means all interest in land, buildings and improvements permanently attached to land.

“Renounce” means to make an affirmative declaration of abandonment of a right.

“Representation” means the principal upon which the issue or children of a decedent take or inherit the share of an estate, which their immediate ancestor would have taken or inherited, if living.

“Residue” means the surplus or left over part of a testator’s estate remaining after all the debts and distributions have been completed.

“Separate property” shall mean property, or any interest therein, held by one (1) spouse in a marriage. It includes all property acquired by gift, inheritance, bequest or devise, and all property acquired prior to a marriage.

“Spouse” means a party to a marriage recognized by any jurisdiction, including the Tribe. It shall include a party to a common law marriage where the couple resided together as husband and wife for at least five (5) years.

“Trust or restricted property” means any property, title to which is held in trust or restricted fee status by the United States for the benefit of a member of a federally recognized Indian tribe or a tribe.

“Will” shall mean an instrument validly executed as required by this Code that disposes of an individual’s estate at death. [Res. 22-R-198 Att. A, 11/17/2022; Res. 06-R-53 § 4.0, 5/3/2006.]