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Oglala Sioux Tribe: Law and Order Code

Last amended: 1996; New Ordinances Received: 2002.

CHAPTER 7

HEIRSHIP - PROBATE



SECTION 55 DETERMINATION OF HEIRS - PETITION.

When any member of the Tribe dies leaving property other than allotment or other trust property subject to the jurisdiction of the United States, any member claiming to be an heir to the decedent may bring suit in the Oglala Sioux Tribal Court to have the Court determine the heirs of the decedent and to divide among the heirs such property of the decedent. No determination of heirs shall be made unless all the possible heirs known to the Court, to the Superintendent and to the claimant have been notified of the suit and given full opportunity to come before the Court and defend their interests. Possible heirs who are not residents of this Reservation under the jurisdiction of the Court must be notified and a copy of the notice mailed to them must be preserved in the record of the case.

Hist: 1937 Code, Ch. 4, Sec. 1

SECTION 55.1 PROCEDURE BY COURT.

In the determination of heirs, the Court shall apply the laws of the State of South Dakota. The Court shall also be empowered to appoint a temporary custodian or administrator to supervise and protect the assets of the estate. The Court may also issue permits to sell such property as may be necessary before determination and the division of the property. The Court may require bond from the custodian or administrator for the fulfillment of his duties, and may also fix the fee, which is not to exceed in any case, ten percent (10%) of the appraised value of the estate.

No sale of property shall be made for less than the appraised value. In the absence of specific direction, the laws of the State of South Dakota shall apply.

Hist: 1937 Code, Ch. 4, Sec. 1

SECTION 55.2 TRUST PROPERTY SUBJECT TO EXAMINER OF INHERITANCE.

Where the estate of the decedent includes any interest in restricted allotted lands or other property held in trust by the United States, over which the examiner of inheritance would have jurisdiction, the Oglala Sioux Tribal Court may distribute only such property as does not come under the jurisdiction of the examiner of inheritance, and the determination of heirs by the Court may be reviewed on appeal, and the judgment of the Court modified by said examiner of inheritance or set aside, with the approval of the Secretary of the Interior, if law and justice so require.

Hist: 1937 Code, Ch. 4, Sec. 1.

SECTION 56 APPROVAL OF WILLS.

When any member of the Oglala Sioux Tribe dies, leaving a will disposing only of property other than an allotment or other trust property subject to the jurisdiction of the United States, the Oglala Sioux Tribal Court shall, at the request of any member of the Oglala Sioux Tribe named in the will or any other interested party, determine the validity of the will after giving notice and full opportunity to appear in Court to all persons who might be heirs of the decedent, as under Section 55 of this Chapter. A will shall be deemed valid if the decedent had a sane mind and understood what he was doing when he made the will and was not subject to any undue influence of any kind from another person, and if the will was made in writing and signed by the decedent in the presence of two (2) witnesses who also signed the will. If the Court determines the will to be validly executed, it shall order the property described in the will to be given to the persons named in the will or to their heirs.

Hist: 1937 Code, Ch. 4, Sec. 2.

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