(a) This chapter only applies to the estate of a decedent who dies on or after the effective date of the ordinance codified in this chapter.
(b) This chapter applies to (1) enrolled members of the Yurok Tribe regardless of domicile and (2) all enrolled members of a federally recognized Indian tribe, and all persons eligible for enrollment in a federally recognized Indian tribe, or who otherwise meet the definition of “Indian” under this chapter who have an interest in real or personal property or trust land subject to this chapter.
(c) Jurisdiction of Tribal Court.
(1) The Yurok Tribal Court shall have all authority necessary to take evidence and determine the validity of any will or other document, the qualification of any person to be a personal representative, the family relationships of the decedent, or any other matter necessary and relevant to determining the proper distribution of a decedent’s estate under this chapter. The Tribal Court shall have the broadest possible authority to execute its duties and responsibilities under this chapter. It shall have authority to probate all estate interest subject to this chapter which does not come within the exclusive jurisdiction of the United States, including over all real or personal property except trust and restricted land and trust personalty.
(2) Except to the extent the descent and distribution of real or personal property is governed by federal law, this chapter governs the descent and distribution of real property that is within the Reservation and personal property of any person within the scope of this chapter.
(3) Unless the American Indian Probate Reform Act (AIPRA) is amended to allow tribes to carry out probate of trust and restricted land and trust personalty, the United States shall carry out the probate of such property, as currently set out in 25 C.F.R. Part 15 and other applicable law.
(4) The Yurok Tribal Court shall have all authority necessary to conduct probate of funds from the trust accounts established for Yurok Tribal members including the Hoopa Yurok Settlement Act, the Nez Perce Settlement, and Jessie Short. [Ord. 50A § 9003, amended, 6/22/2017.]