5-6.01 Application for Probate Hearing Order. Upon the receipt of a petition for the probate of a will, the
Court shall, on hearing evidence as to the validity of such will, admit the will to probate or reject it as the
evidence may justify.
(a) An order shall be entered by the Court admitting or rejecting such will to probate.
(b) This order shall be final for all purposes unless a contest is begun pursuant to the procedure set
out in this chapter.
(c) All evidence pertaining to the validity of the will shall be reduced to writing, signed by the
witnesses and certified by the Judge of the Court.
Section 5-7 Appointment of Personal Representative
5-7.01 Appointment of Personal Representative.
(a) If, after receipt of the petition for appointment of personal representative, it shall initially appear
to the Court that the value of the estate does not exceed the sum of $45,000, the Court shall
appoint an executor, if the decedent's will has been admitted to probate, or an administrator, if
the decedent left no will or the will has been rejected by the Tribal Court.
(b) The term "personal representative" shall be inclusive of the terms "executor" and "administrator"
as used in this Code.
Section 5-8 Qualification of Personal Representative
5-8.01 Qualification of Personal Representative. A person shall not be qualified to act as a personal
representative who is of unsound mind, has been adjudged incompetent, has been convicted of a crime
involving moral turpitude, is below the age of 18 years.
Section 5-9 Inventory
5-9.01 Inventory.
(a) Every personal representative shall, within 60 days of his appointment, make and return upon
oath to the court a true inventory of all of the property of the estate including any
encumbrances against the said property.
(b) The Court shall have the discretion to grant a longer period of time upon a sufficient showing of
necessity.
Section 5-10 Appointment of Appraisers
5-10.01 Appointment of Appraisers.
(a) Upon the appointment of the personal representative of the estate, the Court may authorize 1 or
more parties of discretion (not related to the decedent or interested in the administration of the
estate) to appraise the goods and chattels listed in the inventory.
(b) On the death or the refusal or neglect to act as an appraiser, another may be appointed to act in
his place.
Section 5-11 Compensation of Appraisers
5-11.01 Compensation of Appraisers.
(a) The appraiser shall receive as compensation for his services an amount to be set by the Court in
consideration of the circumstances, but to be not less than $10 nor more than $50.
(b) Such sums shall constitute a claim against the estate.
Section 5-12 Return of Appraisal
5-12.01 Return of Appraisal. The appraisers shall list each article with its value in dollars and cents.
(a) When the appraisal is completed, the appraisers shall attest to its accuracy in writing and attach
such document to the appraisal and deliver it to the Court with a copy to the personal
representative.
(b) If any goods and chattels come within the knowledge of a personal representative which are not
included in previous appraisals, they shall be appraised and a return thereof shall be made in
like manner within 30 days of their discovery.
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Revised Spokane Law & Order Code, 5/14/2013