Chapter 14.70
ADMINISTRATION OF INTESTATE ESTATES
Sections:
14.70.020 Administration of intestate estate.
14.70.030 Appointment of administrator.
14.70.040 Oath of administrator – Letters of administration.
14.70.050 Notice to creditors.
14.70.060 Payment of creditors.
14.70.080 No taker/escheat to Tribe.
14.70.110 Distribution – Closing estate.
14.70.010 Petition.
A. When any person dies leaving an intestate1 estate subject to the jurisdiction of the Chehalis Tribe under this Probate Code, any person claiming to be an heir of the decedent, or the Chehalis Tribe, may petition the Tribal Court for a determination of the heirs of the decedent and for the distribution of such property. The petition shall contain the names and addresses of all persons known to the petitioners who may be entitled to share in the distribution of the estate.
B. Whenever there is a valid will probated by the Tribal Court which does not dispose of all the decedent’s property, a determination of the heirs entitled to such property and its distribution shall be made by the Tribal Court at or before the time the remainder of the estate is distributed without the necessity of a separate petition and proceeding. [Res. 2018-42 (20.5.1).]
14.70.020 Administration of intestate estate.
A. If an executor or personal representative is appointed over a decedent’s property which is disposed of by a valid will, such person shall likewise assume authority over the decedent’s intestate estate and administer it with the rest of the decedent’s estate.
B. Whenever it reasonably appears that such is necessary to the preservation, administration and/or distribution of a decedent’s intestate estate, the Tribal Court shall appoint an administrator over the estate. It shall not be necessary to appoint an administrator if the value of the decedent’s property appears to be less than $5,000 in value, no problems in administering the estate are foreseen, and no one requests that one be appointed.
C. The following persons, if legally competent, shall be afforded priority in order of their listing for appointment as administrator: the surviving spouse, children over 18 years of age in descending order of age, other blood relatives in order of the closeness of relationship, and any adult Tribal member, and adult person.
D. The duties of the administrator shall be:
1. To take possession of all property of the decedent subject to this Probate Code;
2. Within one month of appointment make an inventory and appraisement of such property and file it with the Tribal Court;
3. Within one month of appointment, determine and file with the Tribal Court a list of all known relatives of the decedent, their ages, their relationship to the decedent, and their whereabouts if known;
4. Subject to the approval of the Tribal Court, ascertain and pay all of the debts and legal obligations of the decedent;
5. Prosecute and defend actions for or against the estate;
6. Distribute the estate in accordance with the order of the Tribal Court and file receipts with the Tribal Court showing distribution of the estate.
E. The administrator shall file a bond in an amount to be set by the Tribal Court to insure their faithful, honest performance of their duties as administrator. Unless otherwise made to appear necessary or desirable, no bond shall be required of an administrator who is the spouse or child of decedent. [Res. 2018-42 (20.5.2).]
14.70.030 Appointment of administrator.
A. Upon receipt of a petition to administer an intestate estate, the Court Clerk shall schedule a hearing at which an administrator will be appointed. Said hearing shall be scheduled far enough in advance to allow the required notice to be made.
B. Notice of the hearing shall be made by the petitioning party and shall also be posted in a conspicuous place in the Tribal Court and Tribal administration buildings.
C. The Tribal Court shall determine the proper person to appoint as administrator, and if such person is willing to serve, the Tribal Court shall order their appointment as administrator. [Res. 2018-42 (20.5.3).]
14.70.040 Oath of administrator – Letters of administration.
A. Upon their appointment as administrator, the person appointed shall take an oath to be prescribed by the Tribal Court to effect that they will faithfully and honestly administer the estate.
B. Upon taking the oath and filing the bond, if any is required, the administrator shall be granted letters of administration2 as proof of their appointment. [Res. 2018-42 (20.5.4).]
14.70.050 Notice to creditors.
The administrator of the estate or the Court Clerk if no administrator is appointed shall cause notice to decedent’s creditors be mailed to all known creditors and posted in at least three conspicuous places on the Chehalis Reservation and published for two consecutive months in a publication of general distribution on the Chehalis Reservation. Said notice shall state that creditors have 90 days from the date of notice or first publication of the notice to present their claims to the administrator or the Court Clerk and that only those claims so presented may be paid by the estate. [Res. 2018-42 (20.5.5).]
14.70.060 Payment of creditors.
A. Payment to creditors of the decedent shall be made by the administrator or by the Court Clerk if no administrator is appointed only upon order of the Tribal Court after determining the validity of the claims by affidavit or personal testimony of the claimant.
B. All just claims of creditors allowed by the Tribal Court shall be paid before distribution of the estate but shall be paid only after payment of funeral and other burial costs have been paid. [Res. 2018-42 (20.5.6).]
14.70.070 Accounting.
Prior to the distribution of every estate for which an administrator has been appointed, such administrator shall render an accounting to the Tribal Court, for its approval, of all receipts and distributions from the estate, showing the present status of the estate and that it is ready for distribution, and also showing the computation of any attorney’s and/or administrator’s fees involved for which approval of payment is sought. In estate in which no administrator is appointed, the Court Clerk shall account to the Tribal Court for all transactions relating to the estate. [Res. 2018-42 (20.5.7).]
14.70.080 No taker/escheat to Tribe.
If there is no taker of the intestate estate, the intestate estate passes or escheats to the Chehalis Tribe. [Res. 2018-42 (20.5.8).]
14.70.090 Advancements.
If a person dies intestate, property which they gave in their lifetime to an heir is treated as an advancement against the latter’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose, the property advancement is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient’s issue, unless the declaration or acknowledgment provides otherwise. [Res. 2018-42 (20.5.9).]
14.70.100 Debts to decedent.
A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate or other share of the debtor’s issue. [Res. 2018-42 (20.5.10).]
14.70.110 Distribution – Closing estate.
A. When the Tribal Court is notified in writing that an estate is ready to be distributed, the Tribal Court shall order the distribution according to the rules of intestate succession and this Probate Code.
B. The estate shall be closed and the administrator dismissed and their bond released upon filing of receipts and an affidavit showing the estate is fully distributed, and after being fully administered, is not ready to be closed. [Res. 2018-42 (20.5.11).]
When a person dies without having a valid will in place, his or her property passes by what is called “intestate succession” to eligible heirs designated under Federal, State or Tribal law.
A document issued by the Court Clerk which states the authority of the administrator of an estate of a person who has died, when there is no will or no available executor named by a will and an administrator has been appointed by the Tribal Court.