2.25.030 Scope.
(a) This chapter only applies to trust or restricted assets. The United States Secretary of the Interior, Office of Hearings and Appeals, shall have jurisdiction to probate trust or restricted assets and trust personalty.
(b) 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.
(c) 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 or restricted land subject to this chapter.
(d) Jurisdiction of Tribal Court Over Nontrust or Restricted Assets.
(1) The Yurok Tribal Court 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 authority over all real or personal property except trust and restricted land and trust personalty. (See Chapter 2.30YTC, Probate – Nontrust Property.)
(2) The Yurok Tribal Court shall have all authority necessary to conduct probate of funds from the trust accounts that are not held by the federal government established for Yurok Tribal members including the Hoopa-Yurok Settlement Act, the Nez Perce Settlement, and Jessie Short, notwithstanding any matters that fall under YTC 1.10.050(g), Subject matter jurisdiction – Exceptions. [Ord. 52 § 9003, amended, 4/27/2023; Ord. 50A § 9003, amended, 6/22/2017.]