(b) that such property is located within the boundaries of the Spokane Reservation;
(c) that such decedent would have been subject to the jurisdiction of the Tribal Court prior to
decedent’s death; and
(d) that such decedent was an Indian as defined by this Code.
5-1.02 Authority.
(a) The Tribal Court shall have full and adequate power and authority to administer and settle all
estates of decedents, minors, and insane and mentally incompetent persons mentioned in this
chapter.
(b) If any of the provisions in this chapter regarding the administration and settlement of such
estates should prove inapplicable, insufficient, or doubtful, the Tribal Court shall have full power
and authority, nevertheless, to proceed in any manner that to the Court seems correct and
proper with such administration and settlement to the end that such estates may be
administered and settled by the Tribal Court.
5-1.03 Trust Property. Jurisdiction to administer decedent's estates consisting of real property held in trust
by the United States, shall be with the Secretary of the Interior pursuant to federal code and regulations.
Section 5-2 Wills - Applicable Law Governing
5-2.01 Applicable Law Governing Wills.
(a) The requirements governing the validity of wills shall be in accordance with the applicable laws
of the State of Washington.
(b) Said laws shall also govern the revocation of such wills.
Section 5-3 Conflicts in Probate
5-3.01 Conflicts in Probate. In situations where there is both a probate by the Department of the Interior of
decedent's Indian trust assets and a probate in Tribal Court of an Indian's non-trust assets, involving the
same will, claims, or identical issues of law or fact, the decisions and orders of the Tribal Court regarding the
non-trust assets shall take precedence over, and shall be binding upon, the Judge or Board of Indian
Appeals in the probate by the Department of the Interior.
Section 5-4 Petition for Appointment of Personal Representative
5-4.01 Petition for Appointment of Personal Representative. Any person having legal interest in a decedent's
estate may petition the Tribal Court for the appointment of himself or his designate as a personal
representative for the administration of said decedent's estate as hereinafter provided:
(a) If 2 or more persons petition the Tribal Court for appointment within 60 days of the death of the
decedent, the Tribal Judge shall appoint the personal representative with the following priority.
(b) Surviving spouse or his designate, lineal descendant, parent, collateral descendant, creditor,
others.
(c) No petition for appointment by a person other than the surviving spouse of decedent shall be
acted upon within 60 days of the date of death unless notice of such petition is first served upon
the surviving spouse and more than 20 days have elapsed from the date of service and the
surviving spouse or his designate has failed to petition for appointment.
Section 5-5 Duty and Liability of Will Custodian
5-5.01 Duty and Liability of Will Custodian.
(a) Every custodian of a will must deliver the will to the Tribal Court or to the personal
representative named in said will within 20 days after receipt of information that the maker
thereof is deceased.
(b) Any such custodian who fails and neglects to do so may be liable for damages sustained by a
person injured thereby.
Section 5-6 Application for Probate Hearing Order
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Revised Spokane Law & Order Code, 5/14/2013