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(a) An owner of an interest in trust or restricted land or trust personalty may devise such interest to any of the following:

(1) Any lineal descendant of the testator;

(2) Any person who owns an interest in the same parcel;

(3) The Tribe; or

(4) Any Indian, as defined by the American Indian Probate Reform Act, as amended.

(b) The land shall remain in trust or restricted status.

(c) If the land is devised to a person not eligible as defined under YTC 2.25.040 to hold the interest in trust or restricted status, that person may renounce their interest or they may hold a life estate without regard to waste and the remainder shall go to the first surviving person or entity on the following list that is eligible, in order of priority:

(1) Spouse;

(2) Children, in equal shares;

(3) Grandchildren, in equal shares;

(4) Great-grandchildren, in equal shares;

(5) Parents, in equal shares;

(6) Siblings, in equal shares;

(7) The Tribe. [Ord. 52 § 9206, amended, 4/27/2023; Ord. 50A § 9206, amended, 6/22/2017.]