Skip to main content
This section is included in your selections.

(A) Within thirty (30) days of the filing of a petition for probate, the Tribal Court shall hold a hearing during which the Court shall review the sufficiency of the petition and examine the petitioner under oath and determine whether the decedent died having left a valid will or intestate. The Court shall take evidence as to the validity of any will, and as to the qualifications of the petitioner or other person to be the personal representative. In the absence of an original, the Court may permit a true and correct copy of a will to be probated. Upon findings by a preponderance of the evidence that:

(1) The petitioner or another person is qualified and entitled to be appointed personal representative.

(2) That the decedent died having left a valid will or intestate.

(3) The petition and other evidence before the Court are sufficient to support the jurisdiction of the Court, the Court shall enter an order initiating probate of the decedent’s estate. Such order shall either establish and initiate probate of decedent’s will, or shall conclude that the decedent died intestate and identify the decedent’s heirs at law. Except in the event of a contest of a will pursuant to Article IV of this chapter, such order shall be conclusive. Absent such findings, the petition shall be dismissed.

(B) Following the conclusion of the hearing and order initiating probate the Court shall issue letters of administration conferring the powers and duties of the personal representative on the petitioner or another person. The term “letters of administration” shall apply to the authority granted to a personal representative under this chapter, regardless of whether decedent died testate or intestate. [Res. 06-R-53 § 8.0(D)(35.07.050), 5/3/2006.]