CHAPTER 8-2
ESTATE MATTERS

8-2-1 Notice.

Upon the filing of a petition for probate of Will, the Court shall set a date for the hearing on the petition which shall not be held more than forty-five (45) days after the date of filing. Such notice shall contain the place, time and date of the hearing and shall be published in a local newspaper of general circulation for two (2) consecutive publication dates with the hearing to be no sooner than ten (10) days after the last publication date. All heirs and beneficiaries of decedent residing on the Prairie Band of Potawatomi Indian Reservation may receive personal service of notice of hearing and any heirs or beneficiaries residing outside the Reservation shall be served by registered mail, return receipt requested. Such notice shall be served at least ten (10) days prior to the hearing.

8-2-2 Proof of Will.

At the time set for hearing, a Will not self-proved must be properly proven by the testimony or an affidavit of one of the attesting witnesses. If the Will is so proved to the satisfaction of the Court then it shall be approved and an order shall be entered admitting the Will to probate.

8-2-3 Further Proceedings.

After the Will has been proven and admitted to probate all further proceedings shall be pursuant to Section 8-1-1 et seq. until the estate is settled.

8-2-4 Will Contest.

Any person desiring to contest a Will or object to the legality or validity of all or a portion of a Will must file his objections in writing on or before the time set for the hearing on the proof of the Will. These objections will be heard by the Court before the Will is admitted to probate. The Court may admit the Will in whole or in part or refuse to admit it. If the Will is not admitted, the estate shall continue as though the decedent had died intestate. Where the Will is admitted to probate in part only, all property not covered by valid and admitted portions of the Will shall be dealt with as intestate property.

8-2-5 Record of Hearing.

The Court shall cause a record to be made of the testimony given to the Court and the proceedings of any hearing to determine heirship or to determine the validity of a Will and shall render its decision in writing, a copy of which shall be delivered to all persons who claim heirship or are named as beneficiaries in a Will.