2.25.110 Intestate succession of trust property.
(a) Intestate Succession of Interests in Trust or Restricted Land of Five Percent or Greater.
(1) Surviving Spouse. If the decedent owns five percent or more in any parcel of trust or restricted land and leaves a surviving spouse, the surviving spouse shall receive a life estate without regard to waste in any such parcel. Upon the surviving spouse’s death, all such ownership interests transfer to the surviving heir(s) listed in subsection (a)(2) of this section.
(2) No Surviving Spouse. If the decedent leaves no surviving spouse, all parcels of trust or restricted land described in subsection (a)(1) are transferred to one or more eligible heirs in the following order:
(A) Children, in equal shares, provided, if any child does not survive decedent, the child(ren) of such deceased child who survived decedent shall receive the share of the deceased child by right of representation;
(B) Grandchildren, in equal shares;
(C) Great-grandchildren, in equal shares;
(D) Parents, in equal shares;
(E) Siblings, in equal shares;
(F) The Tribe, provided an Indian co-owner of a parcel of trust or restricted land may acquire an interest that would otherwise descend to the Tribe by paying into the estate of the decedent, before the close of the probate estate, the fair market value of the interest in land; if more than one Indian (including the Tribe) offers to pay for such interest, the highest bidder shall acquire such interest.
(b) Intestate Succession of Interests in Trust or Restricted Land of Less Than Five Percent.
(1) Surviving Spouses. If the decedent owns less than five percent in any parcel of trust or restricted land and leaves a surviving spouse who was residing on the property at the time of decedent’s death, the surviving spouse receives a life estate without regard to waste in any such parcel. The remainder shall pass as set forth in subsection (b)(2) of this section.
(2) No Residing Surviving Spouse. If there is no surviving spouse residing on the property at the time of decedent’s death, all parcels of trust or restricted land in which the decedent owned less than a five percent interest are transferred to an eligible heir in the following order:
(A) Oldest surviving child;
(B) Oldest surviving grandchild;
(C) Oldest surviving great-grandchild;
(D) Oldest surviving eligible heir;
(E) The Tribe.
(3) Renouncement of Rights. An heir of trust or restricted land interests of less than five percent may agree to renounce that interest so that it instead goes to one of the following:
(A) Any other eligible heir or Indian related to the heir by blood;
(B) A co-owner of the land; or
(C) The Tribe. [Ord. 52 § 9202, amended, 4/27/2023; Ord. 50A § 9202, amended, 6/22/2017.]