(b) Such notice shall be posted no later than 10 days before the date of said hearing in 2 public
places on the Reservation with written notice being given via United States mail to all claimants,
heirs and devisees and all persons claiming an interest in said estate.
(c) A copy of said notice shall also be forwarded to the Superintendent.
Section 5-20 Hearing Proceedings
5-20.01 Hearing Proceedings. At the time set for hearing the petition for distribution of heirs and
distribution of the estate, the Tribal Court shall hear and examine all evidence relating to the distribution of
decedent's estate and determine any controversy relating to claims or to those entitled to receive the estate.
Section 5-21 Final Order and Discharge of Personal Representative
5-21.01 Final Order and Discharge of Personal Representative. Upon conclusion of the hearing or hearings,
the Tribal Court shall enter its order determining heirs or devisees and providing for distribution of the estate
and the payment of claims.
(a) The Tribal Court shall distribute the estate according to the terms of the decedent's will if said
will has been admitted to probate; otherwise, the estate shall be distributed in accordance with
the laws of the State of Washington relating to descent and distribution.
(b) Within 30 days after the entry of said order, the personal representative shall file his report with
the Court showing that he has fully discharged his duties and shall file receipts or other proof of
delivery of all property of decedent and the making of all payments in accordance with the order
of the Tribal Court.
(c) The Court, upon finding that the personal representative has faithfully discharged his duties,
shall enter an order closing the estate and discharging said personal representative.
Section 5-22 Compensation of Personal Representative
5-22.01 Compensation of Personal Representative. A personal representative of an estate may be
compensated from the assets and income of the estate in an amount determined by the Court as being fair
and reasonable taking into consideration the complexities of the administration and the value of the estate.
Section 5-23 Bond of Personal Representative
5-23.01 Bond of Personal Representative.
(a) Every person appointed by the Court as a personal representative in any probate proceeding
shall, except in the case of the probate of a will that provides that the named executor not be
bonded before such appointment becomes effective, execute a bond to the Spokane Tribal
Court, in a sum equal to the estimated value of the estate.
(b) Such bond shall be through a surety company or 2 reliable members of the community, resident
within the boundaries of the Spokane Reservation, who shall execute an agreement in
compliance with the form provided therefore by the Spokane Tribal Court.
Section 5-24 Exceptions to Bond Requirements
5-24.01 Exceptions to Bond Requirements. If it appears to the Court on the basis of evidence presented at
the time the personal representative is appointed that the estate shall not exceed a value of $500, and that
the rights of heirs and creditors will not be jeopardized by so doing, the Court may waive the bond
requirement when the personal representative is the surviving spouse or a principal heir.
Section 5-25 Liability for Mismanagement
5-25.01 Liability for Mismanagement. A personal representative and the surety on his bond may be liable to
any person who suffers monetary loss or damage by any mismanagement of the estate.
Section 5-26 Limitations of Action
5-26.01 Limitations of Action. An action against a personal representative or his surety for mismanagement
of an estate must be commenced within 2 years from the date of the order of the final distribution of the
estate.
Section 5-27 Will Contests
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Revised Spokane Law & Order Code, 5/14/2013