Skip to main content
Loading…
This section is included in your selections.

(a) An estate with an appraised value which does not exceed $10,000.00 and which is to be inherited through the rules of intestacy or by devise exclusively by a surviving spouse and/or minor children of the decedent shall be exempt from the claims of all general creditors and the probate thereof may be expeditiously processed as provided in this section.

(b) Upon petition of the personal representative, the Court shall enter an order stating that it appears, from the inventory and appraisal filed with the Court, that the value of the estate does not exceed $10,000.00 and that such estate is to be inherited exclusively by the surviving spouse and/or minor children of the decedent, and shall set a hearing to allow interested persons, if any, to object to declaring the estate exempt from the claims of all general creditors and distributing the estate to the surviving spouse and/or minor children of the decedent. Notice of such hearing shall be given by posting a true and correct copy of such order in Yurok Tribal Offices, and by sending a true and correct copy of such order by certified mail to all persons the personal representative has reason to believe is an heir, devisee, or legatee of the decedent or creditor of the estate. Such notice shall be posted or mailed not less than 10 days before the time set for such hearing. On or before the time set for such hearing, the personal representative shall file his or her affidavit with the Court indicating compliance with this notice requirement.

(c) If, upon such hearing, the Court finds that such estate is an exempt estate, the Court shall enter an order directing: (1) the personal representative to distribute such estate to the surviving spouse and/or minor children of the decedent as set forth in the order; (2) that no further proceedings are necessary; and (3) that, upon distributing the distributive share or shares of such estate to those entitled to them and filing receipts with the Court, the estate shall be closed and the personal representative discharged. [Ord. 53 § 8512, amended, 10/30/2018; Ord. 50B § 8512, amended, 6/22/2017.]