(c) The Clerk shall record all appraisals filed with him.
Section 5-13 Notice to Creditors
5-13.01 Notice to Creditors. Immediately after his appointment, the personal representative shall cause to
be posted, in 2 public places on the Reservation, and published in the Tribal Newspaper or, if there is none,
in a newspaper of general circulation on or adjacent to the Spokane Reservation, a notice that he has been
appointed personal representative in the named probate proceedings.
(a) Such notice shall require all creditors of the deceased and all persons having claims against the
deceased to serve such claims upon the personal representative and file them with the Clerk of
the Court, within 2 months from the date of the first publishing of the notice.
(b) The notice is to be posted for a period of 3 weeks and published once in the Tribal newspaper or
once a week in a non-Tribal newspaper for 3 consecutive weeks, such posting and publishing to
be concurrent.
Section 5-14 Exception to Notice Requirement
5-14.01 Exception to Notice Requirement. Where all of the property is awarded to the surviving spouse or
children as provided, the notice to creditors may be omitted.
Section 5-15 Order of Claim Preference
5-15.01 Order of Claim Preference. All claims shall be preferred in the following order:
(a) Expenses of administration;
(b) Expenses of last illness and burial;
(c) Any amount due the Spokane Tribe; and
(d) All other claims.
Section 5-16 Sale of Estate by Personal Representative
5-16.01 Sale of Estate by Personal Representative. A personal representative may, by petitioning the Court
in writing and obtaining an authorizing order there from, sell, mortgage or pledge all or part of the estate of
the decedent when reasonably necessary for the proper administration of said estate.
Section 5-17 Notification of Acceptance or Rejection of Claim
5-17.01 Notification of Acceptance or Rejection of Claim.
(a) Upon the expiration of the 2 month period provided in this Chapter for the filing of claims
against the decedent, the personal representative shall examine each claim filed and within 30
days thereafter he shall notify the claimant in writing, whether he will recommend its acceptance
or rejection and file a copy of such notice.
(b) If he rejects the claim or does not approve it within 60 days after filing the claimant may begin
legal action to establish his claim. Such action must be commenced within 30 days of notification
of rejection or if there is no rejection or approval within 100 days after filing.
Section 5-18 Petition for Determination of Heirs and Distribution of Estate;
5-18.01 Petition for Determination of Heirs and Distribution of Estate.
(a) The personal representative shall as soon as reasonably possible after the administration of the
estate as set out above is completed file with the Clerk of the Court a petition for the
determination of heirs and distribution of the estate.
(b) This petition shall include the names of all claimants entitled to payment, a statement of heirs
and devisees entitled to receive the net proceeds and assets of the estate and such other
information as may be necessary to assist the Court in the distribution of the estate.
Section 5-19 Court Hearing on Petition for Determination of Heirs and Distribution of Estate
5-19.01 Court Hearing on Petition for Determination of Heirs and Distribution of Estate.
(a) Upon the filing of the petition for determination of heirs and distribution of the estate, the Tribal
Court shall set a date for hearing said petition and notice of said hearing shall be given to all
interested parties.
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Revised Spokane Law & Order Code, 5/14/2013