2.25.190 Right to purchase trust or restricted land during probate

2.25.190 Right to purchase trust or restricted land during probate.

(a) The following may purchase trust or restricted land during probate for fair market value:

(1) Any eligible devisee or heir, as defined in YTC 2.25.040, who is receiving an interest in the same parcel of land by devise or descent in the probate proceeding;

(2) Any person who owns an undivided trust or restricted interest in the land;

(3) The Tribe; or

(4) The Secretary of the Interior on behalf of the Tribe.

(b) Prior to any purchase, there shall be:

(1) A written request to purchase at probate by an eligible purchaser submitted to OHA, prior to the completion of the first probate hearing, or if such purchase is for additional property identified after the probate decision has been issued, within 30 days of the distribution order;

(2) An appraisal of the trust or restricted land to determine fair market value;

(3) Except as provided under subsection (d) of this section, an eligible purchaser can only purchase at probate a decedent’s interest in trust or restricted property if they have the consent of:

(A) Any surviving spouse whose share is to be purchased and who receives a life estate under applicable federal law;

(B) The heir or devisee of the share to be purchased, provided such heir or devisee is eligible to hold land in trust; and

(4) Written consent to the purchase from the surviving spouse and any eligible heir who does not reside on the land; provided, that:

(A) The decedent’s ownership interest in the land is five percent or more;

(B) There is a valid will addressing disposition of that land; and

(c) If consent is required from an heir or devisee for a purchase at probate, the heir or devisee shall notify OHA prior to a deadline established by OHA that the heir or devisee is not willing to consent to sell. To notify the OHA, the heir or devisee must state, either on the record at the probate hearing, or in writing to the OHA, that the heir or devisee is not willing to consent to sell the property under any circumstances and/or is not willing to consider any bids to purchase the property interest.

(d) If the purchaser is the Yurok Tribe, consent of those listed under subsections (b)(3) and (b)(4) of this section is unnecessary if the following five conditions are met:

(1) The interest will descend by intestate succession;

(2) The judge determines based on the Department of the Interior’s records that the decedent’s interest at the time of death was less than five percent of the entire undivided ownership of the parcel land;

(3) The heir or surviving spouse was not residing on the property at the time of the decedent’s death;

(4) The heir or surviving spouse is not a member of the Yurok Tribe or eligible to become a member; and

(5) The interest is not included in an approved consolidation agreement.

(e) Proceeds from the sale of interests under this section shall be distributed to the devisee, surviving spouse, or heir whose interest was sold in accordance with the amount of their respective interests; or, where the sold interest is subject to a life estate, the proceeds shall be distributed according to federal laws. The proceeds may be deposited or held in an account as trust personalty if the interest sold would otherwise pass to:

(1) The heir, by intestate succession; or

(2) The devisee in trust or restricted status. [Ord. 52 § 9210, amended, 4/27/2023; Ord. 50A § 9210, amended, 6/22/2017.]