Where it appears from the terms of the will that it was the intention of the testator to commit the execution thereof, and the administration of his estate to a certain person as executor, such person, although not named executor, is entitled to letters of testamentary in like manner as if he had been named executor. If there is no such discernible intention, the spouse, or if no spouse, the eldest heir, shall be entitled to letters of testamentary. If there is no valid will, the spouse, or if no spouse, eldest heir, shall be entitled to letters of testamentary.
(11/22/2021)
Probate administration, as provided in this chapter, may be had when the decedent was a resident of this reservation at the time of his death, or died therein, or left property, real or personal therein.
(11/22/2021)
A petition for such probate administration may be filed by any person claiming to be an heir, heir at law, legatee, devisee. Such petition must set forth:
1. 
The name, address, and place of death of the decedent;
2. 
The name, address, and relationship of the petitioner to the decedent;
3. 
Whether or not the decedent left a will and, if so, the original must be attached to the petition or, in case the original cannot be found, a complete explanation of the failure to find such will must be set forth and the contents of such will must be stated as nearly as possible;
4. 
The names, addresses and respective relationships to the decedent of all of his heirs, heirs at law, legatees, and devisees;
5. 
So far as known to petitioner, the names and addresses of all creditors of the decedent with the amounts owing to each of such creditors respectively, and with a further statement that if there are other creditors, they are unknown to the petitioner and cannot with reasonable diligence be ascertained;
6. 
A statement in detail as to all property, whether real or personal, left by the decedent giving an adequate legal description of all items of real estate not under the administration of the United States government, and a sufficient description to identify all items of personal property, and with the value of each item of real or personal property, according to petitioner's best knowledge, information, and belief;
7. 
If any of the persons designated in Subdivision (4) of this section are minors or adjudged mentally incompetent, the names and addresses of any guardians of the person and estate or either, and the names and addresses of any guardians ad litem.
Such petition must be verified by the petitioner, or his agent or attorneys and, if not verified by petitioner personally, the reason must be stated. Such verification must set forth that as to the valuations assigned to the decedent's property, the same are correct according to petitioner’s best knowledge, information and belief, and, as to other matters required, the verification must be positive as to the petitioner's own knowledge or, if on information and belief, must show the source of such information and belief.
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At the hearing fixed as provided in Section 32.06.03 of this Code, the Court shall proceed with inquiry into the matter allowed by such petition and shall give all persons interested full opportunity to be heard.
(11/22/2021)
The Court shall proceed, in a summary manner, to adjust and determine the respective rights of all persons interested, including amounts actually owing to the respective creditors, if any, and the rights of such creditors as to priority. If it is claimed that the decedent left a will, the same must apply in determining and adjusting the rights of all persons interested, including creditors, if any, and the Court shall enter findings of fact and conclusions of law. Such findings of fact must show:
1. 
The name, residence, and place of death of the decedent;
2. 
Each item of personal property and any real property over which the Court has jurisdiction, left by decedent with its value as determined by the Court;
3. 
The reasonable expenses of petitioner in the proceeding;
4. 
All facts relevant to the setting aside of exempt property, whether real or personal, or both, including the names of the persons entitled thereto, and the basic facts on which they are entitled thereto;
5. 
The amount owing to each creditor, if any, with creditors classified according to priority;
6. 
The heirs, heirs at law, legatees, and devisees entitled to share in the estate, and the respective shares or amounts which they are entitled to receive.
(11/22/2021)
Upon entry of such findings of fact and conclusions of law, the Court shall enter a decree based on such findings and conclusions, and which shall distribute the estate as follows and in the order of priority set forth:
1. 
To reimbursement of the petitioner for reasonable expense incurred in the proceedings;
2. 
To creditors, according to the rights of such creditors as to priority under the provisions of this Title and if the estate is insufficient to satisfy in full the amounts found owing to creditors of any class, then pro rata to such creditors in such class;
3. 
To the heirs, heirs at law, legatees, or devisees of the decedent according to the provisions of this Title. No further action whatsoever shall be required as to the distribution of such estate. The decree of the Court shall have the force and effect as a final decree. A certified copy of such decree must be filed and recorded in the office of the Tribal Court Clerk.
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If necessary for the distribution of the estate, the Court may order the sale of any property, whether real or personal, and for that purpose may appoint an agent to act for the Court for the purpose of such sale and may direct the terms and conditions on which such sale may be made, and the notice of sale to be given. The order appointing such agent shall specify his authority, and may require a bond or not, as the Court sees fit. In case of such sale, the Court may delay the entry of the decree distributing the estate until the sale is made. An order of the Court confirming any such sale shall have the same force and effect as a similar order under other provisions of this Title. All provisions of this Title shall be subject to Title 10, Tribal Land Code.
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