Article II. Probate Proceedings
3.15.250 Initiation of probate proceedings.
(A) At any time after the death of a person subject to this chapter, any person meeting the qualifications required of the personal representative of the decedent’s estate may initiate the probate of the decedent’s estate.
(B) Probate proceedings shall be initiated by a petition for probate filed with the Karuk Tribe Tribal Court containing:
(1) The name of the decedent.
(2) The decedent’s enrollment status with the Karuk Tribe (enrolled, eligible for enrollment, enrolled in another federally recognized Indian tribe).
(3) The date of death of the decedent.
(4) The names and addresses of the decedent’s surviving family so far as such information is known to the petitioner.
(5) Whether the decedent left a will, and, if so, the names and addresses of the beneficiaries under the will.
(6) A general description of the decedent’s estate subject to probate in the Karuk Tribe Tribal Court, and a general description of those portions of the decedent’s estate, if any, that are not subject to probate in the Karuk Tribe Tribal Court, including, but not limited to, any interests in trust or restricted property.
(7) A statement of whether any probate proceedings are pending in any other jurisdiction, and, if so, the name and address of the personal representative appointed in such proceedings.
(8) A request for appointment of a personal representative and a statement of the qualifications of the proposed personal representative.
(9) A request for approval of the last will and testament of the decedent, or a request that the Court find that the decedent died without a valid will, if applicable.
(10) A verification under oath or penalty of perjury signed by the petitioner that the contents of the petition are true and correct.
(C) The petitioner shall file with the petition, or as soon after filing as such documents can be obtained:
(1) A certified copy of the decedent’s death certificate.
(2) The original or a true and correct copy of any will found or document alleged to be the last will and testament of the decedent. If no original is available, the petition shall include a description of the efforts made to obtain the original and any facts relating to its absence. [Res. 06-R-53 § 8.0, 5/3/2006.]