Chapter 14.10
PURPOSE – FINDINGS – JURISDICTION – INTERPRETATION – DEFINITIONS
Sections:
14.10.010 Purpose and findings.
14.10.010 Purpose and findings.
A. This title shall hereinafter be referred to as the Probate Code. The objective of the Probate Code is to provide for the exercise of the greatest possible Tribal jurisdiction over the probate of the estate of decedents who were domiciled or owned real or personal property on the Chehalis Indian Reservation.
B. The Business Committee makes the following findings:
1. The Tribal government has inherent authority to govern matters relating to probate as central to the Tribe’s health, welfare, economic security, culture and existence as an independent political community; and
2. Establishing a simple and flexible probate procedure in Tribal Court is the most economical and expeditious way to resolve probate matters and is in the best interest of Chehalis Tribal members and their families.
C. This code shall be liberally construed and applied to meet the following objectives:
1. To ensure that the property of decedents passes to the rightful heirs or beneficiaries;
2. To encourage members to plan for the transfer of property upon their deaths by making wills;
3. To comply with the decedents’ wishes as much as possible;
4. To comply with Tribal custom and tradition and the wishes of decedents’ loved ones to fill gaps when decedents’ wishes are unclear;
5. To provide a simple, flexible, efficient and inexpensive method for probating decedents’ property;
6. To prevent the transfer of residences on Tribal trust land out of Tribal ownership and control;
7. To protect, when possible and fair, the rights of creditors of decedents;
8. To continue the Tribe’s self-governance by, among other things, providing a way to probate estates in Tribal Court; and
9. To guide the Tribal Court on probate matters and, when necessary, provide Tribal law for State and Federal courts to apply when probating the property of Chehalis Tribal members. [Res. 2018-42 (20.1.1).]
14.10.020 Jurisdiction.
A. The Tribal Court shall have all necessary jurisdiction to administer in probate the estate of a decedent who, at the time of their death, was domiciled or owned real or personal property situated within the exterior boundaries of the Chehalis Reservation and all other Chehalis Tribal lands over which the Tribe has jurisdiction, to the extent that such estate consists of property which does not come within the exclusive jurisdiction of the U.S. Department of the Interior.
B. A decedent Tribal member is presumed to be domiciled within the Reservation or on Tribal lands regardless of residence elsewhere, if there is no proof of domicile elsewhere.
C. The Tribal Court shall have the broadest possible authority to execute its duties and responsibilities under this code. [Res. 2018-42 (20.1.2).]
14.10.030 Interpretation.
A. This code shall be liberally construed in a manner that is consistent with the findings and purposes in CTC 14.10.010.
B. The law of the State of Washington relative to decedents’ estates may be referred to and followed in situations where this Probate Code provides no guidance, but only so far as such law is not inconsistent with the provisions and spirit of this Probate Code. [Res. 2018-42 (20.1.3).]
14.10.040 Definitions.
The following terms when used in this code shall have the following meanings:
“Administrator” or “personal representative” means the person appointed by the Tribal Court to administer the estate of a decedent according to this Probate Code and may include the “administrator” or “personal representative” nominated by the decedent’s will, appointed at the request of an interested party, or appointed by the Tribal Court.
“Beneficiary” means any person nominated in a will to receive an interest in property other than in a fiduciary capacity.
“Child” or “children” means sons and daughters of an individual, including a child whose adoption was recognized by a court with competent jurisdiction. Therefore, stepchildren and foster children and their descendants do not inherit, unless adopted or specified in a will.
“Code” means this title, Probate Code.
“Decedent” means a deceased individual.
“Descendant” means people who are of the bloodline of an ancestor.
“Devise” means disposing of real or personal property by will.
“Devisee” means a person named in a will to inherit property.
“Estate” means the assets and debts left by a decedent, and may include any Tribal per capita funds described in the minor trust documents in effect at the time of death.
“Heir” means a person who is entitled to inherit the property of a decedent who dies without a will.
“Incapacitated” means an adult or minor person of whom a protective order has been issued.
“Indian” means an enrolled member of a Federally recognized Indian tribe.
“Intestate” means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will effectively disposing of all of their estate.
“Member” or “Tribal member” means a person enrolled in the Confederated Tribes of the Chehalis Reservation.
“Minor” means a person under the age of 18 years.
“Parent” means and includes a biological or adoptive parent but does not include persons whose parental rights have been terminated, nor does it include an unwed father whose paternity has not been acknowledged or established.
“Per capita payments” means the amount of funds paid to or distributed to individual Tribal members. Per capita payments are not considered an asset owned by the Tribal member until the actual distribution occurs.
“Personal property” means temporary or movable property, property other than real property.
“Probate” means the Tribal Court process that allows collecting a decedent’s property, paying decedent’s bills and taxes owed, and distributing decedent’s property to his or her heirs and/or devisees.
“Property” means both real and personal property, unless otherwise specified.
“Real property” includes, except as otherwise specifically provided herein, all lands, tenements, and hereditaments, and all rights thereto, and all interest therein possessed and claimed in fee simple, or for the life of a third person.
“Reservation” means the Chehalis Indian Reservation as now or hereafter established.
“Residuary,” “residual estate” or “residue” means any part of an estate that a valid will does not specifically devise to a person, or any property that is part of specific devise that fails for whatever reason. Many wills identify the person who takes the residuary estate through a residuary clause but, if the will lacks such a clause, then the residuary estate shall pass under the rules that apply if there was no will.
“Right of representation” means a way of dividing property so that each branch of the family receives an equal share of an estate. If an heir in the first generation of a branch dies before the decedent, then the share that would have gone to that heir is distributed among the heir’s children in equal shares.
“Testator” or “testatrix” means a decedent who dies leaving a valid will.
“Trust property” means real or personal property title to which is in the United States for the benefit of an Indian or Indian tribe.
“Will” means a document that says who will inherit property and that meets the requirements of this code. [Res. 2018-42 (20.1.4).]