Chapter 8.04
PROBATE CODE

Sections:

Subchapter 1. Generally

8.04.010    Jurisdiction.

8.04.020    Indian custom distribution of Indian finery and artifacts.

8.04.030    Intestate succession.

Subchapter 2. Wills

8.04.040    Who may make a will.

8.04.050    Requisites of wills.

8.04.060    Subsequent marriage of testator – Divorce.

8.04.070    Intestacy as to unnamed children.

8.04.080    Deposit of will with Court in testator’s lifetime.

8.04.090    Duty to present will for probate.

Subchapter 3. Proving and Admitting Will

8.04.100    Proof of will.

8.04.110    Contest of will.

8.04.120    Admission of contested will to probate.

Subchapter 4. Heirs

8.04.130    Heirs – Definition.

8.04.140    Exception.

8.04.150    Heirship of illegitimate children.

8.04.160    Effect of adoption.

Subchapter 5. Initiating Administration of Estate

8.04.170    Petition to probate estate.

8.04.180    Order to probate estate.

8.04.190    Notice of probate.

Subchapter 6. Appointment, Qualifications and Duties of Administrator

8.04.200    Appointment of administrator.

8.04.210    Oath of administrator.

8.04.220    Qualifications of administrator.

8.04.230    Duties and powers of administrator.

8.04.240    Letters of administration.

8.04.250    Periodic accounting.

8.04.260    Removal of administrator.

Subchapter 7. Appointment and Duties of Appraiser

8.04.270    Appointment of appraiser.

8.04.280    Oath of appraiser.

8.04.290    Duties of appraiser.

Subchapter 8. Summary Probate of Exempt Estates

8.04.300    Exempt estates.

8.04.310    Notice of hearing to determine exempt estate.

8.04.320    Hearing to determine an exempt estate.

8.04.330    Homestead exemption.

Subchapter 9. Claims Against the Estate

8.04.340    Notice to creditors.

8.04.350    Allowance or rejection of claims.

8.04.360    Hearing on rejected claim.

8.04.370    Payment of claims.

Subchapter 10. Sale of Estate Property

8.04.380    Court approval required.

8.04.390    Sale of personal property.

8.04.400    Sale of real property.

Subchapter 11. Settlement of Final Account, Determination of Heirship

8.04.410    Final account.

8.04.420    Order setting hearing to approve final account and to determine distribution of the estate.

8.04.430    Notice of hearing final account and to determine the distribution of the estate.

8.04.440    Hearing on final account and determining the distribution of estate.

8.04.450    Order allowing final account and order of distribution.

Subchapter 12. Closing Estate

8.04.460    Petition to close estate.

8.04.470    Order closing estate.

8.04.480    Report by administrator.

Subchapter 13. Miscellaneous

8.04.490    Appeals.

8.04.500    Repealing prior inconsistent enactments.

8.04.510    Severability.

Subchapter 1. Generally

8.04.010 Jurisdiction.

With respect to all personal property, and nonrestricted or nontrust real property located on the Puyallup Reservation, the Puyallup Tribal Court shall have jurisdiction to appoint administrators, determine heirs, appoint executors, determine the validity of wills, and to probate the estates and wills of:

(a)    Members or persons eligible for membership in the Puyallup Tribe;

(b)    The parent, grandparent, child, grandchild, spouse or sibling of a Puyallup Tribal member who, at the time of death, resided within the boundaries of the Puyallup Reservation; and

(c)    Indians residing, at the time of death, on trust land within the boundaries of the Puyallup Reservation. [Res. 160890 (08/16/90); prior code § 8.01.010]

8.04.020 Indian custom distribution of Indian finery and artifacts.

Notwithstanding the provisions of this code relating to descent and distribution, the surviving spouse or other surviving next of kin may distribute any Indian artifacts and finery belonging to the decedent in accordance with the customs of the Puyallup Tribe prior to the initiation of administration of the estate. Any person distributing artifacts and finery pursuant to this section shall prepare a list of such distribution for entry into the probate record. [Res. 160890 (08/16/90); prior code § 8.01.020]

8.04.030 Intestate succession.

If the decedent died leaving no will, or having left a will which has been rejected by the Court, the estate shall be distributed as follows:

(a)    If the decedent leaves a surviving spouse and children, the surviving spouse shall have a one-half interest, and the remainder shall go in equal shares to the children, and any descendants of any deceased child by representation.

(b)    If the decedent leaves a surviving spouse and no children, the surviving spouse shall have all the net intestate estate.

(c)    If the decedent leaves no surviving spouse, the children shall share equally in the net intestate estate. The share of any deceased child shall go to his or her descendants by representation.

(d)    If the decedent leaves no surviving spouse or children, the entire net intestate estate shall go to the first surviving relative(s) on the following list, in order of priority:

(1)    Parents, in equal shares,

(2)    Brothers and sisters of decedent in equal shares,

(3)    Grandparents, in equal shares,

(4)    Cousins, in equal shares.

(e)    If the decedent leaves no surviving relatives, and there are no heirs to take the estate, the net intestate estate shall go to the Puyallup Tribe. [Res. 160890 (08/16/90); prior code § 8.01.030]

Subchapter 2. Wills

8.04.040 Who may make a will.

Any person of sound mind and over 18 years of age may make a will. [Res. 160890 (08/16/90); prior code § 8.01.110]

8.04.050 Requisites of wills.

Every will shall be in writing signed by the testator, and shall be attested by two or more competent witnesses, subscribing their names to the will in the presence of the testator by his or her direction. [Res. 160890 (08/16/90); prior code § 8.01.120]

8.04.060 Subsequent marriage of testator – Divorce.

If, after making any will, the testator shall marry and the spouse shall be living at the time of the death of the testator, such will shall be deemed revoked as to such spouse, unless provision shall have been made for such survivor by marriage settlement, or unless such survivor be provided for in the will or mentioned therein with a showing of intention not to make such provision. No other evidence to rebut the presumption of revocation shall be received. A divorce, subsequent to the making of a will, shall revoke the will as to the divorced spouse. [Res. 160890 (08/16/90); prior code § 8.01.130]

8.04.070 Intestacy as to unnamed children.

If any person makes a will and dies leaving a child or children or descendants of such child or children not named or provided for in such will, every such testator, as to such child or children not named or provided for, shall be deemed to die intestate, and such child or children or their descendants shall be entitled to such proportion of the estate of the testator as if he or she had died intestate. [Res. 160890 (08/16/90); prior code § 8.01.140]

8.04.080 Deposit of will with Court in testator’s lifetime.

A will may be deposited by the testator or the testator’s agent with the Tribal Court for safekeeping, under rules of the Court. The will shall be kept confidential. During the testator’s lifetime a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A guardian may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to assure that it will be resealed and left on deposit after the examination. Upon being informed of the testator’s death, the Court shall notify any person designated to receive the will and deliver it to the person on request; or the Court may initiate the probate of the estate. [Res. 160890 (08/16/90); prior code § 8.01.150]

8.04.090 Duty to present will for probate.

Every custodian of a will shall deliver the same to the Tribal Court within 30 days after receipt of information that the maker thereof is deceased. Any such custodian who fails or neglects to do so shall be liable for damages sustained by any person injured thereby. [Res. 160890 (08/16/90); prior code § 8.01.160]

Subchapter 3. Proving and Admitting Will

8.04.100 Proof of will.

(a)    Upon initiating the probate of an estate, the will of the decedent shall be filed with the Court. Such will may be proven and admitted to probate by filing the affidavit of an attesting witness which identifies such will as being the will which the decedent executed and declared to be his or her last will.

(b)    If the evidence of none of the attesting witnesses is available, the Court may allow proof of the will by testimony or other evidence that the signature of the testator or at least one of the witnesses is genuine. [Res. 160890 (08/16/90); prior code § 8.01.210]

8.04.110 Contest of will.

At any time within 90 days after a will has been admitted to probate, or within such time as the Court shall establish in the case of an exempt estate having an appraised value which does not exceed $2,500, any person having an interest in the decedent’s estate may contest the validity of such will. In the event of such contest, the Court shall take no further action with respect to the probate of the estate, but shall set a hearing to determine the validity of such will. All relevant evidence shall be presented at such hearing concerning the decedent’s capacity to execute a valid will and the circumstances surrounding its execution. [Res. 160890 (08/16/90); prior code § 8.01.220]

8.04.120 Admission of contested will to probate.

Upon considering all relevant evidence concerning the will, the Tribal Court shall enter an order affirming the admission of such will to probate or rejecting such will and ordering that the probate of the decedent’s estate proceed as if the decedent had died without executing such will. [Res. 160890 (08/16/90); prior code § 8.01.230]

Subchapter 4. Heirs

8.04.130 Heirs – Definition.

Except as provided in PTC 8.04.140, the term “heirs” shall mean those persons, including the surviving spouse, who would be entitled under PTC 8.04.030, governing intestate succession, to the property of a decedent if s/he had died intestate. [Res. 160890 (08/16/90); prior code § 8.01.310]

8.04.140 Exception.

For the limited purpose, and only for the purpose, of defining who shall receive the one-time payment (under Section A of Technical Document No. 2 to the Settlement Agreement dated August 27, 1988, among the Puyallup Tribe and other parties) of an eligible Tribal member who was deceased prior to the date of distribution and who left a will that is admitted to probate, the term “heirs” shall mean those persons who are to receive the one-time payment under the provisions of the will. For all other purposes, the heirs of a decedent described in this section shall be those persons defined in PTC 8.04.130. [Res. 160890 (08/16/90); prior code § 8.01.320]

8.04.150 Heirship of illegitimate children.

Every illegitimate child is an heir of his or her mother, and will be recognized as an heir of his or her father if paternity can be established by:

(a)    Pre-existing Court decree; or

(b)    Affidavit or other verifiable written acknowledgment of the decedent. [Res. 160890 (08/16/90); prior code § 8.01.330]

8.04.160 Effect of adoption.

For purposes of intestate succession, the relationship between an adopted person and his or her adoptive parents and their family shall be the same to all legal intents and purposes as if the adopted person had been born to his/her adoptive parents and his/her relationship with his/her natural parents and their family shall be the same to all legal intents and purposes as if he or she had not been born to his/her natural parents. [Res. 160890 (08/16/90); prior code § 8.01.340]

Subchapter 5. Initiating Administration of Estate

8.04.170 Petition to probate estate.

Any person having an interest in the administration of an estate which is subject to the jurisdiction of the Tribal Court may file a written petition with the Tribal Court requesting that such estate be administered in probate. Such petition shall set forth:

(a)    The name, date of death and resident address of the decedent at the time of his death;

(b)    The nature of the estate and any other facts that may be necessary to give the Tribal Court jurisdiction to probate such estate, according to the provisions of PTC 8.04.010;

(c)    That the decedent did not leave a will so far as is known to the petitioner, or that the decedent left a will which is presented to the Court along with the petition;

(d)    The name, age, and resident address of the person nominated in the decedent’s will, if any, to administer the decedent’s estate and, if such person desires to be appointed as administrator, a sworn statement by such person that he or she is willing to serve as administrator of the decedent’s estate;

(e)    The names, ages, relationship to the decedent and resident addresses of all of the decedent’s heirs, devisees and legatees, so far as known to the petitioner;

(f)    The name and address of a disinterested and competent person who is proposed to appraise the value of the decedent’s estate. [Res. 160890 (08/16/90); prior code § 8.01.410]

8.04.180 Order to probate estate.

Upon finding that the decedent was an Indian who, at the time of his or her death, was domiciled or owned real or personal property situated within the Puyallup Indian Reservation and not subject to the jurisdiction of the Secretary of the Interior; that the decedent left an estate subject to the jurisdiction of the Court; and that it is necessary to probate such estate, the Court shall enter an order directing that the estate be probated. The order shall state whether or not a will of the decedent has been admitted to probate and, if so, the order shall state that any person desiring to contest the validity of such will must do so within 90 days following the date of the order to probate the estate or within such time as the Court may thereafter establish, should it appear that the probate involves an exempt estate having an appraised value which does not exceed $2,500. The order shall also appoint an administrator to administer the decedent’s estate and appoint an appraiser to appraise the value of the decedent’s estate. [Res. 160890 (08/16/90); prior code § 8.01.420]

8.04.190 Notice of probate.

Immediately following the entry of the order to probate the estate, the administrator shall send by certified mail true copies of the order and the will of the decedent admitted to probate by such order, if any, to each heir, devisee and legatee of the decedent, at their last known address, so far as is known to the Court. The administrator shall, not less than 30 days following the entry of such order, file an affidavit with the Court showing this notice of the probate proceedings has been given. [Res. 160890 (08/16/90); prior code § 8.01.430]

Subchapter 6. Appointment, Qualifications and Duties of Administrator

8.04.200 Appointment of administrator.

Upon ordering an estate to be probated, the Court shall appoint an administrator to administer the estate according to this code. The person nominated by the decedent’s will to administer the estate shall be appointed as the administrator, provided such person is qualified and willing to serve in such capacity; otherwise, upon showing of qualification, any adult member of the Puyallup Tribe may be appointed to act as administrator. [Res. 160890 (08/16/90); prior code § 8.01.510]

8.04.210 Oath of administrator.

Before letters of administration are issued, the administrator shall file with the Court a verified oath that the duties of the administrator will be performed honestly and according to Tribal law. [Res. 160890 (08/16/90); prior code § 8.01.520]

8.04.220 Qualifications of administrator.

Any person nominated in the decedent’s will to administer the decedent’s estate shall be qualified for appointment as administrator if they are over 21 years of age and are otherwise competent to perform the duties required of an administrator. However, as a condition to his/her qualification and appointment, the Court may require such person to post a bond in such amount and form as may be required by the Court, except that no bond shall be required where the decedent’s will directs that the administrator shall serve without bond. [Res. 160890 (08/16/90); prior code § 8.01.530]

8.04.230 Duties and powers of administrator.

The administrator appointed by the Court shall have the following duties and powers during the administration of the estate and until discharged by the Court:

(a)    To preserve and protect the decedent’s property within the estate for the benefit of the estate and the heirs, so far as is possible;

(b)    To promptly investigate all creditors’ claims against the decedent’s estate and determine whether such claims are just and proper;

(c)    To promptly determine the names, ages, and addresses of all the decedent’s heirs, devisees and legatees;

(d)    To promptly cause a written inventory of all the decedent’s property within the estate to be prepared, with each article or item being separately set forth, and cause such property to be exhibited to and appraised by an appraiser, and the inventory and appraisement thereof to be filed with the Tribal Court;

(e)    To promptly give all persons entitled thereto such notice as is required by this code;

(f)    To account for all property within the estate which may come into the possession or control of the administrator, and to maintain accurate records of all income received and disbursements made during the course of the administration. [Res. 160890 (08/16/90); prior code § 8.01.540]

8.04.240 Letters of administration.

After the entry of an order admitting a will to probate and appointing an administrator, letters of administration shall be granted to the person(s) therein appointed administrator. [Res. 160890 (08/16/90); prior code § 8.01.550]

8.04.250 Periodic accounting.

Six months after the date of appointment as administrator and each six months thereafter, the administrator shall file an account with the Tribal Court, verified by oath, showing the amount of money that was received and expended, from whom received and to whom paid, with proper vouchers for such payment, the name and amount of each claim against the estate which has been presented, and whether such claim has been allowed or rejected, the property sold, if any, and any other matter necessary to fully show the condition and affairs of the estate. [Res. 160890 (08/16/90); prior code § 8.01.560]

8.04.260 Removal of administrator.

The Court may order the administrator to show cause why he or she should not be discharged, and may discharge the administrator for failure, neglect or improper performance of administrative duties upon good cause shown. [Res. 160890 (08/16/90); prior code § 8.01.570]

Subchapter 7. Appointment and Duties of Appraiser

8.04.270 Appointment of appraiser.

Upon ordering an estate to be probated, the Court may appoint a disinterested and competent person as an appraiser to appraise all of decedent’s real and personal property within the estate. Unless an appraiser is appointed, the appraisal shall be done by the administrator. [Res. 160890 (08/16/90); prior code § 8.01.610]

8.04.280 Oath of appraiser.

Before making the appraisement, the appraiser shall file a verified oath of office with the Court to the effect that the appraiser has no interest in the estate and that the appraisement of all of the property within the estate which shall be exhibited to him or her will be made honestly, impartially, and to the best of his or her ability. [Res. 160890 (08/16/90); prior code § 8.01.620]

8.04.290 Duties of appraiser.

It shall be the duty of the appraiser to separately appraise the true cash value of each article or item of property within the estate, including debts due the decedent, and to indicate the appraised value of each such article or item of property set forth in the inventory of the estate and to certify such appraisal by signing the inventory and appraisement. [Res. 160890 (08/16/90); prior code § 8.01.630]

Subchapter 8. Summary Probate of Exempt Estates

8.04.300 Exempt estates.

An estate having an appraised value which does not exceed $2,500, after payment of the expenses of last illness and funeral, and which is to be inherited by a surviving spouse and/or minor children of the deceased shall be exempt from the claims of all other creditors and the probate thereof may be summarily concluded as provided in this section. [Res. 160890 (08/16/90); prior code § 8.01.710]

8.04.310 Notice of hearing to determine exempt estate.

Upon petition of the administrator, the Court shall enter an order stating that it appears, from the inventory and appraisement filed with the Court, that the appraised value of the whole estate does not exceed $2,500 after payment of the expenses of last illness and funeral, and that such estate is to be inherited by the surviving spouse and/or minor children of the decedent. The order shall set a time for hearing the objections of any interested persons as to why the whole estate should not be declared to be exempt from the claims of all other creditors and distributed to the surviving spouse and/or minor children of the decedent. Notice of such hearing shall be given by publishing a copy of the notice in the Puyallup Tribal Newspaper, and posted in the Puyallup Tribe’s Administration building, and by sending a true copy of such order by certified mail to all persons known to the administrator to be an heir, devisee or legatee of the decedent. Such notice shall be posted, published and mailed not less than 20 days before the time set for such hearing. On or before the time set for such hearing, the administrator shall file an affidavit of service and notice with the Court. [Res. 160890 (08/16/90); prior code § 8.01.720]

8.04.320 Hearing to determine an exempt estate.

If, upon such hearing, the Court finds that such estate is an exempt estate, the Court shall enter an order directing the administrator to distribute such estate to the surviving spouse and/or the minor children of the deceased as set forth in the order and provide that no further proceedings are necessary and that, upon distributing the share or shares of such estate to those entitled thereto and filing receipts therefor, the estate shall be closed. [Res. 160890 (08/16/90); prior code § 8.01.730]

8.04.330 Homestead exemption.

Upon the appraisal of an estate, if it appears that a dwelling is property in which other heirs and/or creditors have an interest, and the dwelling is occupied by the surviving spouse and/or children of the deceased, and it further appears that said dwelling is necessary for the welfare and protection of such surviving spouse and/or children, the Court may order such dwelling set aside for the benefit of the surviving spouse and/or children as a homestead, for a period not to exceed 18 years; provided, that in case of special hardship or emergency, the Court may extend such term from year to year thereafter. Any heir or heirs or creditors of the deceased shall have an opportunity to appear before the Court and protest the extension of the original terms setting aside the homestead. The Court shall hear evidence on any protest before making any order of extension. [Res. 160890 (08/16/90); prior code § 8.01.740]

Subchapter 9. Claims Against the Estate

8.04.340 Notice to creditors.

The administrator shall promptly give notice to the creditors of the decedent and to the Tribe for presentation of their claims against the decedent’s estate, unless it is determined by the Court that the estate is exempt from the claims of creditors. Such notice shall state the name, date of death, and resident address of the decedent at the time of his or her death; the date upon which the notice was first posted; that all persons having claims against the estate are required to present such claims in writing, with proper vouchers, to the administrator of the estate, at a stated address, within 90 days after notice is given. Such notice shall be given by publishing in three consecutive issues of the Puyallup Tribal Newspaper and Newsletter, or any newspaper published in Pierce County (if the Tribal Newspaper is no longer published) and posting the same in the Puyallup Tribe’s Administration and Services building for a period of not less than 30 days. Before the expiration of the 90-day period, the administrator shall file with the Court an affidavit showing that he or she has given this notice. [Res. 160890 (08/16/90); prior code § 8.01.820]

8.04.350 Allowance or rejection of claims.

(a)    A claim not presented to the administrator within 90 days after the notice to creditors was first posted is not barred, but such claim cannot be paid until the claims presented within that period have been satisfied. Until the final account is filed, a claim against the estate is not barred and may be presented and paid out of any assets then in the hands of the administrator not otherwise appropriated.

(b)    All claims presented to the administrator shall be examined, dated and endorsed with the words “examined and allowed” if the administrator is satisfied that the claim is just, or endorsed with the words “examined and rejected” if the administrator is not so satisfied. If a claim is allowed, it shall be paid in due course of administration. If a claim is rejected, the administrator shall file notice that the claim has been rejected with the Tribal Court and serve a true copy of such notice of rejection by certified mail upon the claimant. If the administrator neither allows nor rejects the claim within 60 days after receipt, it shall be deemed rejected. [Res. 160890 (08/16/90); prior code § 8.01.830]

8.04.360 Hearing on rejected claim.

Any claimant whose claim has been rejected may request a hearing before the Tribal Court concerning the rejection of the claim by filing a petition requesting such hearing within 30 days following the date the administrator filed notice of rejection concerning such claim with the Tribal Court or within 30 days after the claim has been deemed rejected under PTC 8.04.350(b). The Tribal Court shall set the matter for hearing as in other civil proceedings and determine whether the claim should be allowed or rejected. If no such petition is filed within the 30-day period, the claim shall thereafter be of no validity and shall be barred. [Res. 160890 (08/16/90); prior code § 8.01.840]

8.04.370 Payment of claims.

The claims and charges against the estate which have been presented and allowed during the first 90 days following the date upon which notice to creditors was first posted shall be paid in the following order of priorities, and those presented and allowed in like manner within each succeeding period of 90 days during the continuance of the administration shall be paid in the same manner:

(a)    All expenses of last illness and burial expenses;

(b)    Any amount due the Puyallup Indian Tribe;

(c)    Taxes or debts of whatsoever nature due the United States;

(d)    Debts which, at the death of the decedent, are liens upon his or her property or any right or interest therein, according to the priority of the liens;

(e)    Reasonable expenses of administration;

(f)    All other claims against the estate. [Res. 160890 (08/16/90); prior code § 8.01.850]

Subchapter 10. Sale of Estate Property

8.04.380 Court approval required.

No sale of any property of an estate is valid unless made pursuant to an order of the Court. [Res. 160890 (08/16/90); prior code § 8.01.910]

8.04.390 Sale of personal property.

After filing the inventory and appraisal, the administrator may petition the Court for authority to sell personal property of the estate for purposes of paying the expenses of last illness and burial expenses, expenses of administration, claims if any against the estate, and for the purpose of distribution. If, in the Court’s judgment, such sale is in the best interest of the estate, the Court shall order such sale and prescribe the terms upon which the property shall be sold. [Res. 160890 (08/16/90); prior code § 8.01.920]

8.04.400 Sale of real property.

When the proceeds of the sale of personal property and other funds of the estate have been exhausted, and the charges, expenses and claims against the estate have been satisfied, or when it appears to the satisfaction of the Court that it would be in the best interest of the heirs, devisees or legatees that all or a part of the real property of the estate be sold for purposes of distribution, the administrator shall petition the Court for authority to sell real property of the estate, or so much thereof as may be necessary for that purpose. If, in the Court’s judgment, such sale is in the best interest of the estate, the Court shall order such sale and shall prescribe the terms upon which the real property shall be sold. If any such real property has been specifically devised, it shall be exempt from the operation of the order of sale. [Res. 160890 (08/16/90); prior code § 8.01.930]

Subchapter 11. Settlement of Final Account, Determination of Heirship

8.04.410 Final account.

When the affairs of an estate have been fully administered, the administrator shall file a final account with the Court, verified by oath. Such final account shall affirmatively set forth:

(a)    That all claims against the estate have been paid; or that all such claims have been paid, except as shown; and that the estate has adequate unexpended and unappropriated funds to fully pay all such remaining claims;

(b)    The amount of money received and expended, from whom received and to whom paid, with vouchers for each of such payments;

(c)    That there is nothing further to be done in the administration of the estate except as shown in the final account;

(d)    The remaining assets of the estate, including unexpended and unappropriated money, at the time of filing the final account;

(e)    The proposed determination of heirs, indicating the names, ages, addresses and relationship to the decedent of each distributee and the proposed share and value thereof which each is to receive;

(f)    A petition that the Court set a hearing to approve the final account, to determine the heirs, devisees and legatees of the decedent and the share each distributee is to receive. [Res. 160890 (08/16/90); prior code § 8.01.1010]

8.04.420 Order setting hearing to approve final account and to determine distribution of the estate.

Upon filing the final account, the Court shall enter an order setting a hearing for objections to the approval of the administrator’s final account on file with the Court, or to the proposed determination of heirs, devisees and legatees and the distributive share each distributee is to receive, as set forth in the final account. [Res. 160890 (08/16/90); prior code § 8.01.1020]

8.04.430 Notice of hearing final account and to determine the distribution of the estate.

The administrator shall send by certified mail a true copy of such order and the final account to the Tribe and to each heir, devisee and legatee of the decedent at their last known addresses, so far as are known to the administrator. On or before the time set for such hearing, the administrator shall file an affidavit of notice and service with the Court. [Res. 160890 (08/16/90); prior code § 8.01.1030]

8.04.440 Hearing on final account and determining the distribution of estate.

On or before the time set for such hearing, any heir, devisee or legatee, or other person having an interest in the distribution of the estate, may file an objection to the final account, or to the proposed determination of the heirs, devisees or legatees, or to the proposed share each distributee is to receive, specifying the particulars of such objections with reasonable certainty. The Court shall consider all evidence relevant to the objection and shall make an appropriate determination. [Res. 160890 (08/16/90); prior code § 8.01.1040]

8.04.450 Order allowing final account and order of distribution.

Upon concluding the hearing upon the final account, the determination of heirs, devisees and legatees, and the share of the remaining assets of the estate which each is to receive, the Court shall enter an order:

(a)    Allowing the final account, either in whole or in part, as may be just and proper; and directing the administrator to appropriate and expend funds to pay those unpaid claims, charges or allowances against the estate as shown in the final account which have been approved;

(b)    Determining the decedent’s heirs, devisees and legatees, indicating the names, ages and addresses of each, and the share of the remaining estate which each distributee is to receive;

(c)    Directing the administrator to distribute such share or shares to the distributees entitled thereto. [Res. 160890 (08/16/90); prior code § 8.01.1050]

Subchapter 12. Closing Estate

8.04.460 Petition to close estate.

At such time as the estate is ready to be closed, the administrator shall petition the Court for an order closing the estate, discharging the administrator, and the bondsman, if any. Such petition shall be accompanied by vouchers for any sums paid since the order approving the final account and by a signed receipt for distributive share from each of the distributees named in the order of distribution. [Res. 160890 (08/16/90); prior code § 8.01.1110]

8.04.470 Order closing estate.

Upon finding that the estate has been fully administered and is in a condition to be closed, the Court shall enter an order closing the estate and discharging the administrator and the bondsman, if any. [Res. 160890 (08/16/90); prior code § 8.01.1120]

8.04.480 Report by administrator.

If an order closing the estate has not been entered by the end of 12 months following the month in which the administrator was appointed, the administrator shall file a written report with the Court stating the reasons why the estate has not been closed. [Res. 160890 (08/16/90); prior code § 8.01.1130]

Subchapter 13. Miscellaneous

8.04.490 Appeals.

Appeals from any order of the Puyallup Tribal Court issued under this chapter shall be made in accordance with the Appellate Procedures of the Puyallup Tribe (Chapter 4.16 PTC, Subchapter 5). [Res. 160890 (08/16/90); prior code § 8.01.1210]

8.04.500 Repealing prior inconsistent enactments.

Any prior enactment by the Puyallup Tribal Council which is found to be inconsistent with this chapter is hereby repealed. [Res. 160890 (08/16/90); prior code § 8.01.1220]

8.04.510 Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected. [Res. 160890 (08/16/90); prior code § 8.01.1230]