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“Child” or “children” means the lineal descendants of the decedent including all lawfully adopted children and all children born after death of decedent.

“Codicil” means a will that modifies or partially revokes an existing earlier will.

“Court” means the Yurok Tribal Court.

Customary Marriage. The Yurok Tribe recognizes Yurok and other native customary marriages. The Court may appoint from the standing Culture Committee an expert to advise the Court on the specific laws of said customary marriage or seek their recommendation of a third party to advise the Court should the Court, in the Court’s discretion, need the assistance of such expert. The Court will make every effort to appoint an expert with specific knowledge about a decedent’s Yurok village or non-Yurok tribe(s), if applicable. Any expert appointed will be a noninterested party, meaning that he/she shall not have a personal interest in the distribution of the estate. The Court’s determination of whether or not a customary marriage exists is limited to the probate proceeding and this chapter; it is not intended to influence custody proceedings in the Family Court.

“Decedent” means a deceased person.

“Estate” means all assets and liabilities of a deceased person.

“Heirs” means those persons who are entitled by a will or under the rules of intestate succession to the real or personal property or trust land of a decedent.

“Indian” means:

(1) Any person who is a member of a federally recognized Indian tribe, is eligible to become a member of any federally recognized Indian tribe, or is an owner (as of October 27, 2004) of trust land;

(2) Any person meeting the definition of “Indian” under the Indian Reorganization Act (25 U.S.C. § 479) and the regulations promulgated thereunder; or

(3) With respect to the inheritance and ownership of trust or restricted land in the state of California pursuant to 25 U.S.C. § 2206, any person described in subsection (1) or (2) of this definition or any person who owns trust land in the state of California.

“Intestate” means that a person has died without making a valid will as to some or all of the estate assets. Such property will pass to other persons under the intestate succession rules of this chapter.

“Land” means any real property.

“Lawfully adopted child” means a child adopted lawfully in accordance with 25 U.S.C. § 372a.

“Net estate” means the real and personal property of a decedent except exempt property, non-probate assets, and allowable claims against and debts of the decedent or the estate.

“Ordinance” means this chapter and includes all amendments hereafter made to this chapter.

“Parent” means the biological or lawful adoptive mother or father of the child, recognized by a state or tribal law. It does not include any person whose parent-child relationship has been terminated by a court of competent jurisdiction.

“Personal property” means any property that is not included in the definition of real property.

“Personal representative” means that person appointed by the Court to carry out the powers and duties conferred by this chapter on behalf of the estate.

“Real property” means all interests and estates in land, including leasehold interests and improvement to land, such as houses or other buildings, which have been affixed to the land. A mobile or modular home located on individual trust property and subject to a security interest, mortgage, promissory note, or other financing agreement or which is located on Tribal free or trust property shall be considered personal property for purposes of this chapter. All other mobile and modular homes shall be considered real property for purposes of this chapter.

“Reservation” means the Yurok Reservation.

“Shall” means an act that is required and is not permissive.

“Special administrator” means that person appointed by the Court to administer decedent’s estate when it is necessary to probate or preserve the estate.

“Spouse” means a party to a marriage recognized by any jurisdiction. A party may be a spouse by customary marriage or cohabitation.

“Testator” means a person who has created a valid will.

“Tribal Court” means the Yurok Tribal Court.

“Tribe” means the Yurok Tribe.

“Trust land” means any real property, title to which is held in trust or restricted fee status by the United States for the benefit of the Tribe, a member of a federally recognized tribe, or a person eligible to be a member of a federally recognized tribe. Improvements attached to trust land are not trust land or trust personalty.

“Trust personalty” means all funds and securities of any kind which are held in trust in an Individual Indian Money account (IIM) or otherwise supervised by the Secretary of the Interior.

“Will” means an instrument validly executed as required by this chapter that disposes of all or part of an individual’s estate at death.

“Without regard to waste” means, with respect to a life estate interest in trust land, that the holder of such estate is entitled to the receipt of all income, including the bonuses and royalties, from such land to the exclusion of the remaindermen. [Ord. 50A § 9008, amended, 6/22/2017.]