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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 supplement to a will, executed with the same formalities as a will, that modifies or partially revokes an existing earlier will.

“Court” and “Tribal Court” mean the Yurok Tribal Court.

“Decedent” means a deceased person.

“Devisee” means those persons who are entitled through a valid will to the real or personal property or trust or restricted land or trust personalty of a decedent. When such property passes to a devisee, the property is said to have been devised.

“Eligible heir” means an heir or devisee qualifying as one or more of the following:

(1) A member of a federally recognized tribe;

(2) A person eligible to become a member of a federally recognized tribe;

(3) A person meeting the definition of “Indian” under the American Indian Probate Reform Act, as amended;

(4) A person who owned trust or restricted land as of October 27, 2004;

(5) A person who co-owns the trust or restricted land subject to probate; or

(6) A lineal descendant within two generations of decedent.

“Estate” means the trust or restricted land and trust personalty owned by the deceased person at the time of death.

“Heir” means a person or entity who is entitled under the rules of intestate succession to the real or personal property or trust or restricted land or trust personalty of a decedent. When such property passes to an heir, the property is said to be have been inherited.

“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 or restricted interest in 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) or any person who owns trust or restricted interest in a parcel of such land in the state of California.

“Intestate” means that a person has died without making a valid will as determined in the probate proceeding. Such property will pass to other persons under the intestate succession rules of this chapter or federal law.

“Land” means any real property.

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

“Office of Hearings and Appeals” or “OHA” means the Office of Hearings and Appeals within the U.S. Department of the Interior.

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

“Personal property” means any property that is not included in the definition of real property. Personal property cannot be trust land or restricted assets, and the Yurok Tribal Court shall have the authority to probate all property that is designated as personal property.

“Real property” means all nontrust and nonrestricted interests and estates in land, including leasehold interests and improvements 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 fee 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. Real property cannot be trust land or restricted assets, and the Yurok Tribal Court shall have the authority to probate all property that is designated as real property.

“Reservation” means the Yurok Reservation.

“Secretary” means the Secretary of the United States Department of the Interior.

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

“Spouse” means a party to a marriage recognized by any jurisdiction.

“Testator” means a person who has executed a valid will as determined by the probate proceeding.

“Tribe” means the Yurok Tribe.

“Trust or restricted land” means any real property, title to which is held in trust or restriction against alienation by the United States for the benefit of the Tribe or a member of a federally recognized tribe. Improvements that are attached to trust or restricted land are not trust or restricted 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 a written testamentary document that was executed by the decedent and attested to by two disinterested adult witnesses that states who will receive the decedent’s trust or restricted property.

“Without regard to waste” means, with respect to a life estate interest in trust or restricted 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. 52 § 9008, amended, 4/27/2023; Ord. 50A § 9008, amended, 6/22/2017.]