# Adopted by the Burns Paiute Tribal Council on August 25, 2009 through Resolution No. 2009-24

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

TITLE 6
WILLS, TRUSTS,
AND ESTATES

Adopted by the Burns Paiute Tribal Council on August 25, 2009 through Resolution No. 2009-24

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TITLE 6 WILLS, TRUSTS, AND ESTATES
TABLE OF CONTENTS
CHAPTER 6.1 WILLS: EXECUTION AND CONSTRUCTION
6.1.10 Who May Make a Will
6.1.11 Making and Execution of Wills; Wills Executed Outside Tribal
Lands
6.1.12 Implied and Express Revocation of Will
6.1.13 Devise or Bequest to Subscribing Witness
6.1.14 Reference to Document Creating Trust
6.1.15 Uniform Testamentary Additions to Trusts Act
6.1.16 Effect of Devise of All Real Property
6.1.17 Reference to Internal Revenue Code
6.1.18 Gift to Spouse; Reference to Federal Provisions re Estate Tax and
Marital Deduction
6.1.19 Encumbrances on Property of Decedent or on Proceeds of
Insurance Policy on Life of Decedent Not Chargeable Against
Assets of Decedent's Estate
6.1.20 Bequest of Perishable Property for Life or Years
CHAPTER 6.2 PROBATE
General
6.2.10 Title
6.2.11 Definitions
(1) “Administrator”
(2) “Decedent”
(3) “Heir”
(4) “Indian”
(5) “Intestate”
(6) “Intestate succession”
(7) “Issue”
(8) “Personal property”
(9) “Public Administrator”
(10) “Real property”
(11) “Siblings”
(12) “Take by representation”
(13) “Testator”
(14) “Tribal Court”
(15) “Tribe”
Jurisdiction of Tribal Court
6.2.20 Jurisdiction of Tribal Court
6.2.21 Control of Funeral Arrangements
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Intestate Succession and Wills
6.2.30 Distribution Pursuant to Will
6.2.31 Who May Make a Will
6.2.32 Validity of a Will
6.2.33 Intestate Succession
6.2.34 Escheat
6.2.35 Effect of Adoption
6.2.36 Effect of Feloniously Taking Life of Another
Initiation of Probate
6.2.40 Duty to Present Will for Probate
6.2.41Proving and Admitting Will
6.2.42 Contest of Will
6.2.43 Admission of Contested Will to Probate
6.2.44 Initiating Administration of Estate
6.2.45 Appointment, Qualifications and Duties of Administrator
6.2.46 Appointment and Duties of Appraiser
6.2.47 Summary Probate of Exempt Estates
6.2.48 Homestead Exemption
6.2.49 Claims Against the Estate
6.2.50 Payment of Claims
6.2.60 Sale of Property
6.2.70 Annual Accounting
6.2.71 Settlement of Final Account, Determination of Heirship
6.2.80 Closing Estate
6.2.81 Reopening Closed Estate
6.2.82 Notice of Action
CHAPTER 6.3 TRUSTS
6.3.30 Trustee to Receive Proceeds of Pension, Retirement, Death
Benefit and Profit-Sharing Plans
6.3.31 Bonds of Testamentary Trustees
6.3.32 Vacancies in Office of Trustee
6.3.33 Legal Title Vests in Trustee Appointed to Fill Vacancy
6.3.34 Foreign Trustee's Custody of Trust Estate; Jurisdiction of Probate
Court Over Trusts Created by Non-Domiciliaries
6.3.35 Appointment of Trustee When Person has Disappeared; Trustee's
Rights and Duties; Procedure if Person Reappears
6.3.36 Suspension of Fiduciary Powers During Armed Forces Service
6.3.37 Income from Property Acquired by Trustee by Conveyance or
Foreclosure When Mortgage Formerly Held by Trustee
6.3.38 Distribution by Testamentary Trustee Upon Completion of Trust
6.3.39 Distribution of Assets of Inoperative Trust
6.3.40 Settlement of Trust Estate When Beneficiary has Been Absent
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Seven Years
6.3.41 Termination of Small Trusts
6.3.42 Tribal Court Jurisdiction to Reform Instrument to Ensure Allowance
of Marital Deduction; Qualified Domestic Trust
6.3.43 Statutory Rule Against Perpetuities
6.3.44 When Non-Vested Property Interest or Power of Appointment
Created
6.3.45 Reformation
6.3.46 Exclusions from Statutory Rule Against Perpetuities
6.3.47 "Majority" Defined for Trusts Executed Prior to October 1, 1972
6.3.48 Rule Against Perpetuities
6.3.49 Reduction of Age Contingency to Preserve Interest
6.3.50 Exemption of Certain Employees' Trust Funds from the Rule
Against Perpetuities
6.3.51 Charitable Trusts
6.3.52 Charitable Uses Determined by Trustee, When
6.3.53 Gifts to Charitable Community Trust
6.3.54 Community Trustees to Render Annual Accounts. Hearing on
Adjustment and Allowance
6.3.55 Probate Court Jurisdiction to Reform Instruments to Federal Tax
Requirements
6.3.56 Termination of Charitable Trusts
6.3.57 Definitions
(1) "Institution"
(2) "Institutional fund"
(3) "Endowment fund"
(4) "Governing board"
(5) "Historic dollar value"
(6) "Gift instrument"
6.3.58 Expenditure of Net Appreciation, Standards
6.3.59 Exception and Restriction on Expenditure of Net Appreciation;
Construction
6.3.60 Accumulation of Annual Net Income, Standards
6.3.61 Exception and Restriction of Accumulation of Annual Net Income;
Construction
6.3.62 Investment of Institutional Funds
6.3.63 Delegation of Powers of Investment
6.3.64 Standards Applicable to Actions of Governing Board
6.3.65 Release of Restriction in Gift Instrument: Written Consent, Court
Order; Limitations; Doctrine of Cy-pres Applicable
CHAPTER 6.4 GUARDIANSHIP AND CONSERVATORSHIP
6.4.1 Legislative History and Explanatory Notes
6.4.2 Explanation
6.4.3 Intent
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6.4.4 Definitions
"Conservator"
"Guardian"
"Incapacitated person"
"Minor"
“Ward"
"Indian"
6.4.5 Jurisdiction
6.4.6 Commencement of Proceedings
6.4.7 Persons Entitled to File Petitions
6.4.8 Contents of Petition
6.4.9 Notice of Proceedings
6.4.10 Preference in Appointing Conservator and/or Guardian
6.4.11 Hearings; Notice
6.4.12 Emergency Orders
6.4.13 Appointment of Spokesperson for Proposed Ward
6.4.14 Examination and Home Study
6.4.15 Findings and Appointment
6.4.16 Court Orders
6.4.17 Effect of Accepting Appointment as Conservator and/or Guardian
6.4.18 Termination or Removal of Conservatorship and/or Guardianship
6.4.19 Resignation of Conservator or Guardian
6.4.20 General Powers of Guardians
6.4.21 General Powers of Conservators
6.4.22 Powers of Conservator Pursuant to Tribal Court Order
6.4.23 Reports to the Tribal Court
6.4.24 Bonds
6.4.25 Penalties

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CHAPTER 6.1
WILLS: EXECUTION AND
CONSTRUCTION

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CHAPTER 6.1 WILLS: EXECUTION AND CONSTRUCTION
6.1.10 Who May Make a Will
Any person of sound mind, eighteen years of age or older or an emancipated
minor, may execute a will.
6.1.11 Making and Execution of Wills; Wills Executed Outside Tribal Lands
For a will or codicil to be valid to pass any property, it must be in writing,
subscribed by the testator and attested by two witnesses, each of them
subscribing in the testator's presence. However, any will executed according to
the laws of the state, Native American Tribes, or country where it was executed
may be admitted to Probate in the Tribal Court and shall be effective to pass any
property of the testator situated on the tribal lands.
6.1.12 Implied and Express Revocation of Will
(1) If, after the making of a will, the testator marries or is divorced or his marriage
is annulled, and no provision has been made in his will for such contingency,
such marriage, divorce or annulment shall revoke his will.
(2) A will or codicil shall not be revoked in any other manner except by burning,
canceling, tearing or obliterating it by the testator or by some person in his
presence by his direction, or by a later executed will or codicil.
6.1.13 Devise or Bequest to Subscribing Witness
Every devise or bequest given in any will or codicil to a subscribing witness, or to
the husband or wife of such subscribing witness, shall be void unless such
devisee or legatee is an heir to the testator. The competency of such witness
shall not be affected by any such devise or bequest. The interest of any witness
in any community, church, society, association or corporation, beneficially
interested in any devise or bequest, shall not affect such devise or bequest or the
competency of such witness.
6.1.14 Reference to Document Creating Trust
The reference in a will or codicil to a trust document by which a devise or
bequest is made to such trust shall not thereby cause such trust or such part of
the assets thereof distributed to it by such devise or bequest to be subject to the
jurisdiction of the Probate Court in which such will or codicil is admitted to
Probate.
6.1.15 Uniform Testamentary Additions to Trusts Act
(1) A will may validly devise or bequeath property to the trustee or trustees of a
trust established or to be established:
(a) during the testator's lifetime by the testator, by the testator and some other
person or persons, or by some other person or persons including a funded or
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non-funded life insurance trust, although the trustor has reserved any or all rights
of ownership of the insurance contracts; or
(b) at the testator's death by the testator's devise to the trustee or trustees if the
trust is identified in the testator's will or codicil and its terms are set forth in a
written instrument, other than a will or codicil, executed before, concurrently with,
or after the execution of the testator's will or in another individual's will if that
other individual has predeceased the testator, regardless of the existence, size,
or character of the corpus of the trust. The devise or bequest shall not be invalid
because the trust is amendable or revocable, or because the trust was amended
after the execution of the will or after the testator's death.
(2) Unless the testator's will provides otherwise, property devised or bequeathed
to a trust described in subsection a. is not held under a testamentary trust of the
testator but it becomes a part of the trust to which it is devised or bequeathed,
and shall be administered and disposed of in accordance with the provisions of
the governing instrument setting forth the terms of the trust, including any
amendments thereto made before or after the testator's death.
(3) Unless the testator's will provides otherwise, a revocation or termination of the
trust before the testator's death shall cause the devise or bequest to lapse.
(4) This Section may be cited as the "Uniform Testamentary Additions to Trusts
Act".
6.1.16 Effect of Devise of All Real Property
Every devise purporting to convey all the real property of the testator shall be
construed to convey all the real property belonging the testator at the time of his
death, unless it clearly appears by his will that he intended otherwise.
6.1.17 Reference to Internal Revenue Code
A devise or bequest, outright or in trust, given in any will or codicil or
republication thereof in any codicil shall not be deemed invalid by reason of any
reference therein to the Federal Internal Revenue Code or any treasury
regulation issued thereunder.
6.1.18 Gift to Spouse; Reference to Federal Provisions re Estate Tax and Marital
Deduction
When any will, offered for Probate in Tribal Court makes provision for a gift,
whether outright or in trust, to or for the benefit of the spouse of the testator or
testatrix, such gift shall not be held to be invalid on any of the following grounds:
(1) That the amount of any such gift is required to be computed or ascertained by
reference to the federal statutes, or any treasury regulation issued thereunder,
authorizing the allowance of a marital deduction in the computation of the federal
estate tax or by reference to determinations or settlements of any kind
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whatsoever, whether by agreement, litigation or otherwise, in the proceedings for
the assessment of said federal estate tax in the estate of such testator or
testatrix;
(2) That any such gift is required to be satisfied only by property which qualifies
under said federal statutes, or such regulation, for such marital deduction; or
(3) That any property allotted to the satisfaction of any such gift is required to be
allotted at the values determined for such property, whether by agreement,
litigation or otherwise, in such proceedings for the assessment of said federal
estate tax or at values to be determined in any other reasonable manner.
6.1.19 Encumbrances on Property of Decedent or on Proceeds of Insurance
Policy on Life of Decedent Not Chargeable Against Assets of Decedent's Estate
(1) Where any property, subject to any lien, security interest or other charge at
the time of the decedent's death, is specifically disposed of by will, passes to a
distributee, or passes to a joint tenant under a right of survivorship, or where the
proceeds of any policy of insurance on the life of the decedent are payable to a
named beneficiary and such policy is subject to any lien, security interest or other
charge, the fiduciary is not responsible for the satisfaction of such encumbrance
out of the assets of the decedent's estate, unless, in the case of a will, the
testator has expressly or by necessary implication indicated otherwise. A general
provision in the will for the payment of debts is not such an indication.
(2) Any such encumbrance is chargeable against the property of the decedent or
the proceeds of a policy of insurance on the life of the decedent, subject thereto.
Nothing in this Section imposes upon a testamentary beneficiary, distributee,
joint tenant or named insurance beneficiary any personal liability for the payment
of the debt secured by such encumbrance.
(3) Where any lien, security interest or other charge encumbers:
(a) Property passing to two or more persons, the interest of each such person
shall, only as between such persons, bear its proportionate share of the total
encumbrance;
(b) Two or more properties, each such property shall, only as between the
recipients thereof, bear its proportionate share of the total encumbrance.
6.1.20 Bequest of perishable property for life or years
When a testator, by his will, bequeaths the use, for life or for a term of years, of
any livestock, provisions, wearing apparel or other personal property which will
necessarily be consumed by using, such bequest shall give to the legatee an
absolute estate in the property so bequeathed.
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CHAPTER 6.2
PROBATE

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CHAPTER 6.2 PROBATE
GENERAL
6.2.10 Title
This code is known as the Burns Paiute Tribal Probate Code.
6.2.11 Definitions
As used in this Chapter, except where the context otherwise requires:
(1) “Administrator” means the person appointed by the Court to administer the
estate of a decedent according to this Code and may include either an
administrator nominated by the decedent’s Will, appointed at the request of an
interested party, or the public administrator.
(2) “Decedent” means a person who has died leaving property that is subject to
administration.
(3) “Heir” means any person, including the surviving spouse, who is entitled
under intestate succession to the property of a decedent who died wholly or
partially intestate.
(4) “Indian” means a member of the Burns Paiute Tribe of Oregon, or any other
person of Indian blood who is a member of a federally recognized Indian tribe or
any other person on the Reservation who is recognized by the community as an
Indian, including a Canadian Indian and Alaska native.
(5) “Intestate” means one who dies without leaving a valid will, or the
circumstance of dying without leaving a valid will effectively disposing of all of his
estate.
(6) “Intestate succession” means succession to property of a decedent who dies
intestate or partially intestate.
(7) “Issue”, when used to refer to persons who take by intestate succession,
includes all lineal descendants, except those who are the lineal descendants of
living descendants. The term does include adopted children and their issue.
(8) “Personal property” means all property other than real property.
(9) “Public Administrator” shall mean the official of the Burns Paiute Tribe
charged with the responsibility of acting as administrator for all estates where an
interested party does not seek appointment of some other administrator.
(10) “Real property” means all interest in land or in buildings or improvements
permanently attached to land.

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(11) “Siblings” means brothers and or sisters.
(12) “Take by representation” means the principle upon which the issue of a
decedent takes or inherits the share of an estate which their immediate ancestor
would have taken or inherited, if living.
(13) “Testator” means a decedent who dies leaving a valid will.
(14) “Tribal Court” means the Tribal Court of the Burns Paiute Reservation.
(15) “Tribe” means the Burns Paiute Tribe.
JURISDICTION OF TRIBAL COURT
6.2.20 Jurisdiction of Tribal Court
The Tribal Court shall have jurisdiction to administer in probate the estate of a
decedent who, at the time of his or her death, was domiciled or owned real or
personal property situated within the Burns Paiute Indian Reservation to the
extent that such estate consists of property which does not come within the
exclusive jurisdiction of the Secretary of the Interior of the United States.
6.2.21 Control of Funeral Arrangements
Control of funeral arrangements and disposition of the remains of the decedent
shall be based on a decision of the family and the Indian customs of the tribe,
and the Tribal Court shall have no jurisdiction over disputes involving funeral
arrangements.
INTESTATE SUCCESSION AND WILLS
6.2.30 Distribution Pursuant to Will
The Tribal Court shall distribute the estate according to the terms of the Will of
the decedent which has been admitted to probate.
6.2.31 Who May Make a Will
Any person who is eighteen years of age or older or who has been lawfully
married and who is of sound mind may make a Will.
6.2.32 Validity of a Will
A Will which is valid under the laws of the state or country within which it was
executed shall be valid for the purposes of this Code. In addition, a Will which is
handwritten by the testator and signed by the testator shall be considered to be
valid, and attested to by two witnesses 18 years of age or older.
6.2.33 Intestate Succession
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If a decedent died leaving no Will, or having left a Will which has been rejected
by the Court as invalid, the estate shall be distributed as follows:
(1) Surviving Spouse and Issue. If the decedent leaves a surviving spouse and
issue, the surviving spouse shall have a one—half interest in the net intestate
estate and the issue shall have a one—half interest in the net intestate estate.
(2) Surviving Spouse and No Issue. If the decedent leaves a surviving spouse
and no issue, the surviving spouse shall have all the net intestate estate.
(3) Share of Other Than Surviving Spouse. The part of the net intestate estate
not passing to the surviving spouse shall pass:
(a) To the issue of the decedent. If the issue are of the same degree of kinship to
the decedent, they shall take equally, but if of unequal degree, then those of
more remote degrees take by representation.
(b) If there is no surviving issue, to the surviving parents of the decedent.
(c) If there is no surviving issue or parent, to the brothers and sisters of the
decedent and the issue of any deceased brother or sister of the decedent by
representation. If there is no surviving brother or sister, the issue of brothers and
sisters take equally if they are of the same degree of kinship to the decedent, but
if of unequal degree, then those of more remote degrees take by representation.
(d) If there is no surviving issue, parent or issue of a parent, to the grandparents
of the decedent and the issue of any deceased grandparent of the decedent by
representation. If there is no surviving grandparent, the issue of grandparents
take equally if they are of the same degree of kinship to the decedent, but if of
unequal degree, then those of more remote degrees take by representation.
(4) Indian Custom and Tradition Distribution of Indian Finery and Artifacts.
Notwithstanding the provisions of this Code relating to descent and distribution,
Indian artifacts and finery belonging to the decedent shall be distributed in
accordance with the customs and traditions of the Burns Paiute Tribe. Such
distribution shall be in accordance with directions left by the decedent, if any, or,
if the decedent left no directions, shall be as directed by the surviving spouse of
the decedent; if the decedent leaves no surviving spouse, then by direction of the
decedent’s eldest surviving adult sibling; if decedent leaves neither a surviving
spouse nor surviving adult sibling, then by direction of the decedent’s parents; if
the decedent leaves neither surviving spouse, surviving adult sibling nor
surviving parents, then by direction of the eldest surviving adult child of the
decedent.
(5) Effect of Abandonment on Standing to Inherit. A person otherwise entitled to
inherit pursuant to the provisions of Chapter 6.1 and 6.2 shall forfeit the ability to
inherit from his or her spouse or child if he or she abandoned the spouse or child
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for a period of at least one year prior to the decedent’s death and if he or she had
an obligation to support decedent at the time of death or abandonment.
6.2.34 Escheat
If no person takes under the foregoing section, the net intestate estate shall
escheat to the Burns Paiute Tribe. If the court determines that the decedent had
a special known interest in a particular activity of the Burns Paiute Tribe, the
court may direct that the escheated estate be dedicated to such activity.
6.2.35 Effect of Adoption
For the purposes of intestate succession, the relationship between an adopted
person and his adoptive parents, their descendants and kindreds shall be the
same to all legal intents and purposes as if the adopted person had been born in
lawful wedlock to his adoptive parents and his relationship with his natural
parents, their descendants and kindred shall be the same to all legal intents and
purposes as if he had not been born to his natural parents.
6.2.36 Effect of Feloniously Taking Life of Another
No person who, with felonious intent, takes or procures the taking of the life of a
decedent may inherit any property or receive any benefit, including life insurance
proceeds, from the estate of a decedent.
INITIATION OF PROBATE
6.2.40 Duty to Present Will for Probate
Every custodian of a Will shall deliver the same to the Tribal Court within 30 days
after receipt of information that the maker thereof is deceased. Any such
custodian who fails or neglects to do so shall be liable for damages sustained by
any person injured thereby.
6.2.41Proving and Admitting Will
(1) Upon initiating the probate of an estate, the Will of the decedent shall be filed
with the Court. Such Will may be proven and admitted to probate by filing the
affidavit of an attesting witness which identifies such Will as being the Will which
the decedent executed and declared to be his or her last Will.
(2) If the evidence of none of the attesting witnesses is available, the Court may
allow proof of the Will by testimony or other evidence that the signature of the
testator or at least one of the witnesses is genuine.
6.2.42 Contest of Will

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At any time within 90 days after a Will has been admitted to probate, or within
such time as the Court shall establish in the case of an exempt estate having an
appraised value which does not exceed $3,500, any person having an interest in
the decedent’s estate may contest the validity of such Will. In the event of such
contest, the Court shall take no further action with respect to the probate of the
estate, but shall set a day and hour for a hearing to determine the validity of such
Will. All relevant evidence shall be presented at such hearing concerning the
decedent’s capacity to execute a valid Will and the circumstances surrounding its
execution. Every reasonable effort shall be made to procure the testimony of the
attesting witnesses to the Will, or if their testimony is not reasonably available, an
effort shall be made to identify signatures to the Will through other evidence.
6.2.43 Admission of Contested Will to Probate
Upon considering all relevant evidence concerning the Will, the Tribal Court shall
enter an order affirming the admission of such Will to probate or rejecting such
Will and ordering that the probate of the decedent’s estate proceed as if the
decedent had died without executing such Will.
6.2.44 Initiating Administration of Estate
(1) Petition to Probate Estate. Any person having an interest in the administration
of an estate which is subject to the jurisdiction of the Tribal Court may file a
written petition with the Tribal Court requesting that such estate be administered
in probate. Such petition shall set forth:
(a) The name, date of death and residence address of the decedent at the time
of his or her death;
(b) The decedent was an Indian who, at the time of his death, was domiciled or
owned real or personal property situated within the Burns Paiute Indian
Reservation and which does not come within the jurisdiction of the Secretary of
the Interior;
(c) The nature of the estate and any other facts that may be necessary to give
the Tribal Court jurisdiction to probate such estate;
(d) The decedent did not leave a Will so far as is known to the petitioner, or that
the decedent left a Will which has been presented to the Court for admission to
probate;
(e) The name, age, and residence address of the person nominated in the
decedent’s Will, if any, to administer the decedent’s estate and, if such person
desires to be appointed as Administrator, a sworn statement by such person that
he is willing to serve as Administrator of the decedent’s estate;
(f) The names, ages, relationship to the decedent, and residence addresses of all
of the decedent’s heirs, devisees and legatees, so far as known to the petitioner;
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(g) The name and address of a disinterested and competent person to appraise
the value of the decedent’s estate; and
(h) The nature of any special circumstances surrounding the estate requiring the
court to take immediate action to protect the property of the estate.
(2) Order to Probate Estate. Upon finding that the decedent at the time of his or
her death, was domiciled or owned real or personal property situated within the
Burns Paiute Indian Reservation which does not come within the exclusive
jurisdiction of the Secretary of the Interior; that the decedent left an estate subject
to the jurisdiction of the Court; and that it is necessary to probate such estate, the
Court shall enter an order directing that the estate be probated. The order shall
state whether or not a Will of the decedent has been admitted to probate and, if
so, the order shall state that any person desiring to contest the validity of such
Will must do so within 90 days following the date of the order to probate the
estate or within such time as the court may thereafter establish, should it appear
that the probate involves an exempt estate having an appraised value which
does not exceed $3,500. The order shall also appoint an Administrator to
administer the decedent’s estate and appoint an appraiser to appraise the value
of the decedent’s estate.
(3) Notice of Probate. Immediately following the entry of the order to probate the
estate, the Administrator shall send by certified mail true copies of the order to
probate the estate and the Will of the decedent admitted to probate by such
order, if any, to the Credit Department of the Tribe and to each heir, devisee and
legatee of the decedent, at their last known address, so far as is known to the
Administrator. The Administrator shall, not less than 30 days following the entry
of such order, file his affidavit with the court showing compliance with this
requirement of giving notice of the probate proceeding.
6.2.45 Appointment, Qualifications and Duties of Administrator
(1) Appointment of Administrator. Upon ordering an estate to be probated, the
Court shall appoint an Administrator to administer the estate according to this
Code. The person nominated by the decedent’s Will to administer the estate shall
be appointed as the Administrator, provided such person is qualified and willing
to serve in such capacity; otherwise, the Tribal Public Administrator shall be
appointed as the Administrator unless he shall be disqualified.
(2) Qualifications of the Nominated Administrator. Any person nominated in the
decedent’s Will to administer the decedent’s estate shall be qualified for
appointment as Administrator if he is an enrolled member of the Tribe or resides
upon the Burns Paiute Indian Reservation, is 21 years of age or older and is
otherwise competent to perform the duties required of an Administrator.
However, as a condition to his qualification and appointment, the Court shall
require such person to post a bond in such amount and form as may be required
by the Court, except that no bond shall be required where the decedent’s Will
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directs that the Administrator shall serve without bond. At the request of the
nominated administrator, the probate clerk of the Tribe may assist the nominated
administrator provided that the normal procedures of the probate department are
followed.
(3) Compensation to Appointed Administrator. The appointed Administrator shall
receive no compensation from the estate unless an Administrator nominated by
decedent’s Will is appointed and the decedent’s Will directs that the
Administrator receive compensation for performing those duties. In such event,
the compensation of the nominated Administrator shall be according to the
following fee schedule:
(a) The sum of $250 for all property of the estate up to $20,000.
(b) One—third of one percent (1/3%) of the value of all property of the estate in
excess of $20,000.
(4) Qualifications of Public Administrator. The person who is the duly appointed
and acting Public Administrator for the Tribe shall be presumed to be qualified for
appointment as the Administrator in all estates without posting bond, in the
absence of a showing that he should be disqualified because of a conflict of
interest with respect to his duties of the particular estate.
(5) Duties and Powers of Administrator.
(a) The Administrator appointed by the Court shall have the following duties and
powers during the administration of the estate and until discharged by the Court:
(i) To preserve and protect the decedent’s property within the estate for the
benefit of the estate and the heirs, so far as possible;
(ii) To promptly investigate all claims against the decedent’s estate and
determine whether such claims are just and proper;
(iii) To promptly determine the names, ages, and residence addresses of all the
decedent’s heirs, devisees and legatees;
(iv) To promptly cause a written inventory of all the decedent’s property within the
estate to be prepared with each article or item being separately set forth and
cause such property to be exhibited to and appraised by an appraiser, and the
inventory and appraisal thereof to be filed with the Tribal Court;
(v) To promptly give all persons entitled thereto such notice as is required by this
Code;
(vi) To account for all property within the estate which may come into his
possession or control, and to maintain accurate records of all income received
and disbursements made during the course of the administration.
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(vii) In the discretion of the administrator, to deposit monies received for the
estate in interest bearing accounts with the Tribe. Interest earned shall become
an asset of the estate. Tribal management shall be responsible for rendering to
the administrator a periodic accounting of interest earned on estate accounts.
(6) Removal of Administrator. The Court may order the Administrator to appear
and show cause why he should not be discharged. After opportunity for hearing,
if it appears that the administrator should be discharged, the court may discharge
the administrator for failure, neglect or improper performance of his duties.
6.2.46 Appointment and Duties of Appraiser
(1) Appointment of Appraiser. Unless the Court finds that an appraisal is not
required for a given estate, upon ordering an estate to be probated, the Court
shall appoint a disinterested and competent person as an appraiser to appraise
all of decedent’s real and personal property within the estate.
(2) Oath of Appraiser. Before making his appraisal, the appraiser shall file a
verified oath of office with the Court to the effect that he has no interest in the
estate and that he will honestly, impartially and to the best of his ability appraise
all of the property within the estate which shall be exhibited to him.
(3) Duties of Appraiser. It shall be the duty of the appraiser to separately
appraise the true cash value of each article or item of property within the estate,
including debts due the decedent, and to indicate the appraised value of each
such article or item of property set forth in the inventory of the estate and to
certify such appraisal by subscribing his name to the inventory and appraisal.
6.2.47 Summary Probate of Exempt Estates
(1) Exempt Estates. An estate having an appraised value not exceeding $3,500
and which is to be inherited by a surviving spouse and/or minor children of the
deceased shall be exempt from the claims of all general creditors and the
probate thereof may be summarily concluded as provided in this section.
(2) Notice of Hearing to Determine Whether the Estate is an Exempt Estate.
Upon petition of the Administrator, the Court shall enter an order stating that it
appears, from the inventory and appraisal filed with the Court, that the appraised
value of the whole estate does not exceed $3,500 and that such estate is to be
inherited by the surviving spouse and/or minor children of the decedent and shall
set a date and hour for hearing objections of any interested persons, if any there
be, why the whole estate should not be declared to be exempt from the claims of
all general creditors and distributed to the surviving spouse and/or minor children
of the decedent. Notice of such hearing shall be given by posting a true copy of
such order in three public places within the Burns Paiute Indian Reservation and
by sending a true copy of such order by certified mail to all persons known to the
Administrator to be an heir, devisee or legatee of the decedent. Such notice shall
be posted or mailed not less than ten days before the time set for such hearing.
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On or before the time set for such hearing, the Administrator shall file his affidavit
with the Court indicating compliance with this requirement of giving notice.
(3) Hearing to Determine Whether the Estate is an Exempt Estate. If, upon such
hearing, the Court finds that such estate is an exempt estate, the Court shall
enter an order directing the Administrator to distribute such estate to the
surviving spouse and/or the minor children of the deceased as set forth in the
order and provide that no further proceedings are necessary and that, upon
distributing the distributive share or shares of such estate to those entitled
thereto and filing receipts therefore, the estate shall be closed.
6.2.48 Homestead Exemption
Upon the appraisal of an estate and it appearing that a dwelling is personal
property in which other heirs and/or creditors have an interest, and the dwelling is
occupied by the surviving spouse and/or children of the deceased, and it further
appearing that said dwelling is necessary for the welfare and protection of such
surviving spouse and/or children, the Court may, by order, set aside such
dwelling for the benefit of said surviving spouse and/or children as a homestead
for a period of not to exceed ten years, provided that in case of special hardship,
or emergency, the Court may extend such term from year to year thereafter,
provided that any heir or heirs or creditors of the deceased shall have the
opportunity to appear before the Court and protest the extension of the original
terms setting aside said homestead. The Court may also set aside such sums
from the estate as the Court may deem necessary for maintenance and upkeep
of the home. The Court shall hear evidence on any contest before making any
order of extension.
6.2.49 Claims Against the Estate
(1) Notice to Creditors. The Administrator shall promptly give notice to the
creditors of the decedent and to the Tribal Credit Department for the Tribe to
present their claims against the decedent’s estate, unless it shall be determined
by the Court that the estate is exempt from the claims of all general creditors.
Such notice shall state the name, date of death, and residence address of the
decedent at the time of his death; the date upon which the notice was first
posted; that all persons having claims against the estate are required to present
such claims in writing, with proper vouchers, to the Administrator, at a stated
address, within 90 days after the date upon which such notice was first posted.
Such notice shall be given by posting the same in three public places within the
Burns Paiute Indian Reservation for a period of not less than 30 days. Before the
expiration of said 90—day period, the Administrator shall file with the Court his
verified affidavit showing that he has fully complied with this requirement of giving
this notice.
(2) Allowance or Rejection of Claims.

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(a) A claim not presented to the Administrator within 90 days after the notice to
creditors was first posted is not barred, but such claim cannot be paid until the
claims presented in that period have been satisfied. Until the final account is
filed, a claim against the estate is not barred and may be presented or allowed
and paid out of any assets then in the hands of the Administrator not otherwise
appropriated.
(b) All claims presented to the Administrator shall be examined, dated and
endorsed with the words “examined and allowed” if the Administrator is satisfied
that the claim is just, or endorsed with the words “examined and rejected” if the
Administrator is not so satisfied.
(c) If a claim is allowed, it shall be paid in due course of administration. If a claim
is rejected, the Administrator shall file notice that the claim has been rejected
with the Tribal Court and serve a copy of such notice of rejection by certified mail
upon the claimant.
(d) If the Administrator neither allows nor rejects the claim within 60 days after
receipt thereof by him, it shall be deemed rejected.
(3) Hearing on Rejected Claim. Any claimant whose claim has been rejected may
request a hearing before the Tribal Court concerning the rejection of his claim by
filing a petition requesting such hearing within 30 days following the date the
Administrator filed notice of rejection concerning such claim with the Tribal Court
or within 30 days after the claim has been deemed rejected under subsection
(2b) above. The Tribal Court shall, if the matter comes within the civil jurisdiction
of the Tribal Court, set the matter for hearing as in other civil proceedings and
determine whether the claim should be allowed or rejected. If no such petition is
filed within the said 30—day period, the claim shall thereafter be of no validity
and shall be barred.
6.2.50 Payment of Claims
The claims and charges against the estate which have been presented and
allowed during the first 90 days following the date upon which the notice to
creditors was first posted, shall be paid in the following order, and those
presented and allowed or established in like manner within each succeeding
period of 90 days during the continuance of the administration, shall be paid in
the same manner:
(1) Taxes or debts of whatsoever nature due the United States;
(2) Any amount due the Burns Paiute Tribe;
(3) Debts which, at the death of the decedent, are liens upon his property or any
right or interest therein, according to the priority of their several liens;
(4) Expenses of administration;
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(5) All expenses of last illness and burial expenses;
(6) All other claims against the estate.
6.2.60 Sale of Property
(1) Court Approval Required. No sale of property of an estate is valid unless
made pursuant to an order of the Court.
(2) Sale of Personal Property. After filing the inventory and appraisal, the
Administrator may petition the Court for authority to sell personal property of the
estate for purposes of paying the expenses of last illness and burial expenses,
expenses of administration, claims, if any, against the estate, and for the purpose
of distribution. If, in the Court’s judgment, such sale is in the best interest of the
estate, the Court shall order such sale and prescribe the terms upon which the
property shall be sold.
(3) Sale of Real Property. When the proceeds of the sale of personal property
and other funds of the estate have been exhausted, and the charges, expenses
and claims against the estate have not all been satisfied, or when it appears to
the satisfaction of the Court that it would be in the best interest of the heirs,
devisees or legatees that all or a part of the real property of the estate be sold for
purposes of distribution, the Administrator shall petition the Court for authority to
sell real property of the estate, or so much thereof as may be necessary for that
purpose. If, in the Court’s judgment, such sale is in the best interest of the
estate, the Court shall order such sale and shall prescribe the terms upon which
the real property shall be sold. If any such real property has been specifically
devised, it shall be exempt from the operation of the Order of Sale.
6.2.70 Annual Accounting
Annually, within 30 days of the anniversary date of the order appointing
Administrator, the Administrator shall file an account with the Tribal Court,
verified by his oath, showing the amount of money that was received and
expended by him, from whom received and to whom paid, with proper vouchers
for such payment, the name and amount of each claim against the estate which
has been presented, and whether such claim has been rejected, the property
sold, if any, and any other matter necessary to fully show the condition and
affairs of the estate.
6.2.71 Settlement of Final Account, Determination of Heirship
(1) Final Account. When the affairs of an estate have been fully administered, the
Administrator shall file a final account with the Court, verified by his oath. Such
final account shall affirmatively set forth:

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(a) That all claims against the estate have been paid; or that all such claims have
been paid, except as shown; and that the estate has adequate unexpended and
unappropriated funds to fully pay all such remaining claims;
(b) The amount of money received and expended by him, from whom received
and to whom paid, referring to the vouchers for each of such payments;
(c) That there is nothing further to be done in the administration of the estate
except as shown in the final account;
(d) The remaining assets of the estate, including unexpended and
unappropriated money, at the time of filing of the final account;
(e) The proposed determination of heirs and indicate the names, ages, address
and relationship to the decedent of each distributee and the proposed distributive
share and value thereof of each heir, devisee is to receive;
(f) A request that the Court set a time for the filing of objection to the final
account, or to the proposed determination of the heirs or devisees, or to the
proposed distributive share each distributee is to receive;
(g) A request that the Court set a day and hour for conducting a hearing on any
objections filed;
(h) A request that the Court determine the heirs and devisees of the decedent,
the distributive share each distributee is to receive and approve the final account.
(2) Order Setting Time for Filing of Objections and Hearing on Objections and to
Approve Final Account and to Determine Distribution of the Estate. Upon filing of
the final account, the Court shall enter an order setting a time for filing of
objections, which shall be not less than twenty (20) days after such order, setting
a day and hour for hearing objections, if any there be, to the approval of the
Administrator’s final account on file with the Court, or to the proposed
determination of heirs and devisees and the distributive share each distributee is
to receive, as set forth in said final account, which hearing shall be not less than
ten (10) days after the deadline for filing objections.
(3) Notice of Order. The Administrator shall post a copy of such order in three
public places within the Burns Paiute Indian Reservation for a period of not less
than 20 days before the time set for filing such objections, and shall send by
certified mail a true copy of such order and the final account, certified to as such
by the Administrator, to the Tribal Credit Department and to each heir and
devisee of the decedent at their last known addresses, so far as are known to the
Administrator. On or before the time set for such hearing, the Administrator shall
file his affidavit with the Court, indicating compliance with this requirement of
giving this notice.

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(4) Approving the Final Account and Determining the Distribution of Estate. On or
before the time set for filing objections, any heir Or devisee, or other person
having an interest in the distribution of the estate, may file an objection to the
final account, or to the proposed determination of the heirs, devisees or legatees,
or to the proposed distributive share each distributee is to receive, specifying the
particulars of such objections with reasonable certainty. The Court shall consider
all evidence relevant to the objection and shall determine the controversy with
reference thereto.
(5) Procedure When No Objections Filed. If no objections are filed within the time
set by the Court, and if the final account appears to the Court to be in proper
order, the Court may dispense with the hearing and enter an order pursuant to
the following subsection (6).
(6) Order Allowing Final Account and Order of Distribution. Upon concluding the
hearing upon the objections, or without hearing if the hearing is dispensed with
pursuant to the foregoing subsection (5), the court shall enter an order:
(a) Allowing the final account, either in whole or in part, as may be just and
proper; and directing the Administrator to appropriate and expend funds to pay
those unpaid claims, charges and allowances against the estate as shown in the
final account which have been approved;
(b) Determining the decedent’s heirs, devisees and legatees, indicating the
names, ages and addresses of each, and the distributive share of the remaining
estate which each distributee is to receive;
(c) Directing the Administrator to distribute such distributive share or shares to
the distributees entitled thereto.
6.2.80 Closing Estate
(1) Petition to Close Estate. At such time as the estate is ready to be closed, the
Administrator shall petition the Court for an order closing the estate, discharging
the Administrator, and his bondsman, if any. Such petition shall be accompanied
by vouchers for any sums paid since the order approving the final account and by
a signed receipt for distributive share from each of the distributees named in the
order of distribution.
(2) Order Closing Estate. Upon finding that the estate has been fully
administered and is in a condition to be closed, the Court shall enter an order
closing the estate and discharging the Administrator and his bondsman, if any.
(3) Report by Administrator. If an order closing the estate has not been entered
by the end of nine months following the month in which the Administrator was
appointed, the Administrator shall file a written report with the Court stating the
reasons, if any there be, why the estate has not been closed.
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6.2.81 Reopening Closed Estate
After the closing of an estate, if additional property is discovered which should
have been distributed in the estate, upon the petition of any interested person the
Court, on not less than thirty (30) days notice to those entitled to notice of a
hearing on a final account, may order the additional property to be distributed in
accordance with the original order of distribution of the estate. If any necessary
act remains unperformed or for any other proper cause appearing to the Court it
is necessary to reopen the closed estate, the Court upon the petition of any
interested person on not less than thirty (30) days notice to those entitled to
notice of a hearing on a final account may order the estate of the decedent
reopened. The Court may reappoint the former Administrator or may appoint
another Administrator who would have been eligible for appointment during the
administration of the estate to perform such other acts as are considered
necessary. The provisions of this Code as to original administration apply, insofar
as applicable, to accomplish the purpose for which the estate is reopened. A
claim that has previously been adjudicated or barred in the estate may not be
asserted in the reopened administration.
6.2.82 Notice of Action
When the Administrator has knowledge of administration of the estate of the
decedent in the state courts or pursuant to Bureau of Indian Affairs probate, the
Administrator shall send to the appropriate state probate court or the appropriate
Bureau of Indian Affairs Administrative Law Judge a Notice of Action in the tribal
court on any final account or order of distribution.

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CHAPTER 6.3
TRUSTS

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CHAPTER 6.3 TRUSTS
6.3.30 Trustee to Receive Proceeds of Pension, Retirement, Death Benefit and
Profit-Sharing Plans
(1) As used in this Section, "proceeds" means the proceeds paid upon the death
of any insured, employee or participant under any thrift plan or trust, savings plan
or trust, pension plan or trust, death benefit plan or trust, stock bonus plan or
trust including any employee's stock ownership plan or trust; any retirement plan
or trust, which includes self-employed retirement plans and individual retirement
accounts, annuities and bonds; and the proceeds of any individual, group or
industrial life insurance policy, or accident and health insurance policy and any
annuity contract, endowment insurance contract or supplemental insurance
contract.
(2) Proceeds may be made payable to a trustee under a trust agreement or
declaration of trust in existence on the date of such designation, and identified in
such designation. Such proceeds shall be paid to such trustee and held and
disposed of in accordance with the terms of such trust agreement or declaration
of trust, including any written amendments thereto in existence on the date of the
death of the insured, employee or participant. It shall not be necessary to the
validity of any such trust agreement or declaration of trust that it have a trust
corpus other than the right of the trustee as beneficiary to receive such proceeds.
(3) Proceeds may be made payable to a trustee of a trust to be established by
will. Upon issuance of a decree qualifying a trustee so named, such proceeds
shall be payable to the trustee to be held and disposed of in accordance with the
terms of such will as a testamentary trust. A designation which in substance
names as such beneficiary the trustee under the will of the insured, employee or
participant, shall be taken to refer to the will of such person actually admitted to
Probate, whether executed before or after the making of such designation.
(4) Such proceeds may be payable in more than one installment. If no qualified
trustee claims such proceeds from the insurer or other payor within eighteen
months after the death of the insured, employee or participant, or if satisfactory
evidence is furnished to the insurer or other payor within such period showing
that there is or will be no trustee to receive such proceeds, such proceeds shall
be paid by the insurer or other payor to the personal representative or assigns of
the insured, employee or participant, unless otherwise provided by agreement
with the insurer or other payor during the lifetime of the insured, employee or
participant.
(5) Except to the extent otherwise provided by the trust agreement, declaration of
trust or will, proceeds received by the trustee shall not be subject to the debts of
the insured, employee or participant, to any greater extent than if such proceeds
were payable to the beneficiaries named in the trust; and for all purposes,
including the succession and transfer tax, they shall not be deemed payable to or
for the benefit of the estate of the insured, employee or participant.
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(6) Proceeds so held in trust may be commingled with any other assets which
may properly become part of such trust.
6.3.31 Bonds of Testamentary Trustees
When a testator has appointed a trustee to execute a trust created by his will, the
Probate Court shall, unless otherwise provided in the will, require of such trustee
a Probate bond. If any trustee refuses to give such bond, the refusal shall be
deemed a refusal to accept or perform the duties of such trust; but the bond
without surety of any public or charitable corporation or cemetery association to
which any bequest or devise is made in trust shall be deemed sufficient.
Whenever by any will it is provided that the trustee or trustees thereunder shall
not be required to give a Probate bond, or shall be required to give a bond which
in the judgment of the Court of Probate having jurisdiction is insecure or
inadequate, the Court may, upon the application of any person interested, require
such trustee or trustees at any time to furnish a Probate bond.
6.3.32 Vacancies in Office of Trustee
When any person has been appointed trustee of any estate, or holds as trustee
the proceeds of any estate sold, and no provision is made by law or by the
instrument under which his appointment is derived for the contingency of his
death or incapacity or for his refusal to accept such trust or for his resignation of
such trust, or when a trust has been created by will and no trustee has been
appointed in the will or when more than one trustee has been appointed and
thereafter a trustee so appointed dies, becomes incapable, refuses to accept or
resigns such trust, the Probate Court may, on the happening of any such
contingency, appoint some suitable person to fill such vacancy, taking from him a
Probate bond, unless in the case of a will it is otherwise provided therein, in
which case the provisions of Section 6.3.31 of this Chapter shall apply.
6.3.33 Legal Title Vests in Trustee Appointed to Fill Vacancy
When the legal title to any property has vested in a trustee and the trusteeship
has become vacant, such legal title shall vest in his successor immediately upon
his appointment and qualification.
6.3.34 Foreign Trustee's Custody of Trust Estate. Jurisdiction of Probate Court
Over Trusts Created by Nondomiciliaries
(1) When any person not a resident of tribal lands is the owner of a life estate or
income during life in any personal property on tribal lands that may thereafter be
converted into money, and the child or children of such life tenant or person
entitled to such life use or income, residing in the same state as such life tenant
or person entitled to such life use or income, are entitled to the remainder upon
the termination of such life estate, life use or income, such life tenant having
procured the appointment of a trustee or other legal custodian of the property in
which he has such interest under the laws of the place of his residence, such
custodian may apply in writing to the Probate Court for the possession and
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removal of such property. In such application the trustee or custodian shall allege
that he has been legally appointed such custodian in the jurisdiction in which
such life tenant resides, and that he has therein given a Probate bond valid
according to the requirements of such jurisdiction, and security thereon, or an
increase in an existing bond and security, in an amount equal to the value of all
such estate of such person to be removed from this state. Such bond and the
decree of the Court appointing such custodian shall provide that if the child or
children of such life tenant are for any reason unable to take or receive the
property upon the termination of the life estate or estate aforesaid, it is to be held
and paid over by such custodian to such persons as the Court of Probate in this
state ordering such removal directs. Upon such custodian filing for record in the
Probate Court an exemplified copy of the record of the Court by which he was
appointed, it shall, after a hearing upon such notice as the Court orders to the
person having such estate in custody and after proof that all known debts against
it on the reservation have been paid or satisfied, appoint the applicant to be
guardian, conservator or trustee without further bonds, and authorize the person
having such estate in his custody to deliver it to the applicant, who may demand,
sue for and recover it and remove it from the reservation.
(2) Any one or more of the vested beneficial owners of interests established by a
testamentary transfer of personal property wherever situated, in trust or under
custodianship established and administered outside of the reservation, who are
residents of the reservation may petition the Probate Court if any of such
beneficial owners reside on the reservation to assume jurisdiction of such trust or
custodianship. In the petition, such beneficial owner or owners shall allege that it
would be in the best interest of some or all of such beneficial owners and not
adverse to any of such owners for the trust or custodianship to be administered
in the Probate Court or that all such beneficial owners consent to the
administration of the trust or custodianship in the Probate Court. The Probate
Court, after hearing with notice as it directs, including notice to any Court having
jurisdiction over the trust or custodianship, upon written consent of all such
beneficial owners or satisfaction that the allegations in the petition are true and
upon proof that such transfer is not prohibited by law, may assume jurisdiction. If
a Probate bond is required under the laws of the state in which the transferring
Court is located on the reservation, such bond shall be given to the Probate
Court prior to the assumption of jurisdiction by such Court. Upon transfer and
assumption of jurisdiction and administration of such trust or custodianship to the
reservation, the record shall be established in the Probate Court as if the estate
were being originally established for administration on tribal lands and the
provisions of the tribal laws shall govern the trust or custodianship and its
administration.
6.3.35 Appointment of Trustee When Person has Disappeared. Trustee's Rights
and Duties. Procedure if Person Reappears
(1) When any Burns Paiute Tribal Member, domiciled on tribal lands and having
property has disappeared so that after diligent search his whereabouts cannot be
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ascertained, the Probate Court, upon the application of the spouse, or a relative,
creditor or other person interested in the property of such person, shall, after
public notice and a hearing thereon, appoint a trustee of the property of such
person.
(2) Diligent search shall be deemed to have been made for any person who has
disappeared while serving with the armed forces when such person has been
reported or listed as missing, missing in action, interned in a neutral country or
beleaguered, besieged or captured by an enemy.
(3) Such trustee, upon giving a Probate bond, shall have charge of such
property, and he shall have the same powers, duties and obligations as a
conservator of the estate of an incapable person. With the approval of the
Probate Court, such trustee may use any portion of the income or principal of
such property for the support of the spouse and minor children of such person.
(4) Upon its own motion or upon the application of any interested person, the
Probate Court may, after public notice and a hearing thereon, remove, discharge,
require an accounting from, or appoint a successor to, such trustee.
(5) The Probate Court may continue such trustee in office until satisfactory proof
of the death of such person is furnished, until proceedings are taken to settle his
estate on the presumption of his death, or for a period of seven years from the
time of the disappearance of such person if he remains unheard of.
(6) In case of the reappearance of such person, the Court of Probate shall, on his
application, after hearing and public notice thereof, order the restoration of such
property to the person entitled thereto and the discharge of such trustee, after
acceptance of the trustee's account.
6.3.36 Suspension of Fiduciary Powers During Armed Forces Service
(1) When any fiduciary of any trust other than a testamentary trust is engaged in
service in the armed forces, which prevents his giving the necessary attention to
his duties as the fiduciary, the Probate Court, upon petition of the fiduciary or any
person interested in such estate, may, upon such notice as the Court deems
suitable and after hearing, order the suspension of the powers and duties of the
fiduciary for the period of such service and until the further order of the Court.
(2) The Probate Court may appoint a substitute fiduciary to serve for the period of
suspension whether or not there remains any fiduciary to exercise the powers
and duties of the fiduciary who is in such service. Said Court may decree that the
ownership and title to the trustees shall vest in the substitute fiduciary or cofiduciary or both and that the duties and such of the powers and discretions as
are not personal to the fiduciary may be exercised by the co-fiduciary or
substitute fiduciary and may make such further orders as said Court deems
advisable for the proper protection of such fund or estate.

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(3) The rules of Court with respect to judgments under the Selective Service Act
shall not apply to actions under this Section.
(4) Upon a petition therefore, the Court may order the reinstatement of the
fiduciary when his service in the armed forces has terminated.
6.3.37 Income from Property Acquired by Trustee by Conveyance or Foreclosure
when Mortgage Formerly Held by Trustee
In any case in which a trustee holds a mortgage upon property for the benefit of
one or more tenants for life or limited term, with remainder over to another or
others, and such trustee acquires title to such property by conveyance or
foreclosure, such acquired property shall be a principal asset in lieu of such
mortgage, and such tenant or tenants for life or limited term shall be entitled to
the net income from such acquired property from the date of its acquisition.
6.3.38 Distribution by Testamentary Trustee upon Completion of Trust
The trustee of any testamentary trust which has terminated may, unless the will
creating the trust otherwise directs, after settling his final account, deliver the
property remaining in his hands to the remainderman upon the order of the
Probate Court, without returning the same to the estate of the decedent.
6.3.39 Distribution of Assets of Inoperative Trust
When the facts at the time of distribution from an estate to a trust or from a
testamentary trust to a successive trust are such that no trust would be operative
under the terms of the instrument creating such trust or successive trust because
of the death of the life tenant, or because the beneficiary has reached a
stipulated age, or for any other reason, the fiduciary of such estate or prior trust
may distribute, with the approval of the Probate Court having jurisdiction, directly
from the estate or prior trust to the remaindermen of such trust, the corpus of
such trust and any income earned during the period of estate administration or
administration of the prior trust and distributable to such remaindermen, without
the interposition of the establishment of such trust or successive trust.
6.3.40 Settlement of Trust Estate when Beneficiary has been Absent Seven
Years
The trustee of any trust for the benefit of any person who has been absent from
his home and unheard of for seven years or more may settle his account as such
trustee in the Probate Court. Upon the order of the Court, the trustee shall
distribute such trust estate to the persons entitled to the remainder thereof as
determined by the Court, and the trustee shall not thereafter be liable to any such
absent beneficiary, his heirs, executors, administrators or assigns in any action
for such trust estate or any interest therein or income thereof. A person shall not
be entitled to receive any portion of such estate from the trustee until such
person has filed in the Probate Court a bond with surety to the acceptance of the
Court, payable to the Burns Paiute Tribe, conditioned to return such trust estate
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to the trustee or his successor on the reappearance of the person presumed to
be dead within thirteen years from the date of such order authorizing distribution.
After the expiration of such thirteen-year period, such person entitled to the
remainder shall not be liable to any such absent beneficiary, his heirs, executors,
administrators or assigns in any action for such trust estate or any interest
therein or income thereof.
6.3.41 Termination of Small Trusts
(1) Except as otherwise provided by the trust or Sections 6.3.51 to 6.3.65 with
respect to charitable trusts, the Probate Court under this Section may terminate a
trust, in whole or in part, on application therefore by the trustee, by any
beneficiary entitled to income from the trust, or by such beneficiary's legal
representative, after reasonable notice to all beneficiaries who are known and in
being and who have vested or contingent interests in the trust, and after holding
a hearing, if the Court determines that all of the following apply:
(a) The continuation of the trust is:
(i) Uneconomic when the costs of operating the trust, probable income
and other relevant factors are considered; or
(ii) Not in the best interest of the beneficiaries;
(b) The termination of the trust is equitable and practical; and
(c) The current market value of the trust does not exceed the sum of forty
thousand dollars.
(2) If the Probate Court orders termination of the trust, in whole or in part, it shall
direct that the principal and undistributed income be distributed to the
beneficiaries in such manner as the Probate Court determines is equitable. The
Probate Court may also make such other order as it deems necessary or
appropriate to protect the interests of the beneficiaries.
(3) No trust may be terminated over the objection of its trustor or where the
interest of the beneficiaries cannot be ascertained. The provisions of this Section
shall not apply to spendthrift trusts.
(4) The Probate Court may terminate a testamentary trust pursuant to this
Section if the Probate Court has jurisdiction over the accounts of the
testamentary trustee. The Probate Court may terminate an inter vivos trust
pursuant to this Section if the trustee or trustor is a Burns Paiute Tribal member
and is domiciled on tribal lands.
6.3.42 Tribal Court Jurisdiction to Reform Instrument to Ensure Allowance of
Marital Deduction. Qualified Domestic Trust
(1) If any marital deduction would not be allowed by reason of Section 2056(d)(1)
of the Internal Revenue Code of 1986 with respect to any interest in property
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passing under any will, trust agreement or other governing instrument because
such interest fails to comply with the requirements of Sections 2056(d)(2)(A) and
2056A(a) of said Code, the Tribal Court shall have jurisdiction over any action
brought to reform such will, trust agreement or other governing instrument of
comply with those requirements so as to allow a marital deduction under Section
2056(a) of said Code. All references contained in this Section to any Section of
the Internal Revenue Code of 1986 shall mean that Section of the Internal
Revenue Code of 1986, or any subsequent corresponding internal revenue code
of the United States, as from time to time amended.
(2) The Tribal Court shall be empowered to reform any such will, trust agreement
or other governing instrument to the extent necessary to ensure the allowance of
the marital deduction described in subsection a. of this Section.
(3) Any reformation of any will, trust agreement or other governing instrument in
accordance with the provisions of this Section shall be effective whether or not a
disclaimer has been filed.
6.3.43 Statutory Rule Against Perpetuities
(1) A non-vested property interest is invalid unless:
(a) When the interest is created, it is certain to vest or terminate no later than
twenty-one years after the death of an individual then alive; or
(b) The interest either vests or terminates within ninety years after its creation.
(2) A general power of appointment not presently exercisable because of a
condition precedent is invalid unless:
(a) When the power is created, the condition precedent is certain to be satisfied
or become impossible to satisfy no later than twenty-one years after the death of
an individual then alive; or
(b) The condition precedent either is satisfied or becomes impossible to satisfy
within ninety years after its creation.
(3) A non-general power of appointment or a general testamentary power of
appointment is invalid unless:
(a) When the power is created, it is certain to be irrevocably exercised or
otherwise to terminate no later than twenty-one years after the death of an
individual then alive; or
(b) The power is irrevocably exercised or otherwise terminates within ninety
years after its creation.
(4) In determining whether a non-vested property interest or a power of
appointment is valid under paragraphs 1, 2, or 3 of this Section, the possibility
that a child will be born to an individual after the individual's death is disregarded.
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(5) If, in measuring a period from the creation of a trust or other property
arrangement, language in a governing instrument:
(a) Seeks to disallow the vesting or termination of any interest or trust beyond;
(b) Seeks to postpone the vesting or termination of any interest or trust until; or
(c) Seeks to operate in effect in any similar fashion upon, the later of
(i) The expiration of a period of time not exceeding twenty-one years after
the death of the survivor of specified lives in being at the creation of the
trust or other property arrangement; or
(ii) The expiration of a period of time that exceeds or might exceed twentyone years after the death of the survivor of lives in being at the creation of
the trust or other property arrangement, that language is inoperative to the
extent it produces a period of time that exceeds twenty-one years after the
death of the survivor described in subparagraph (1) of this subsection.
Nothing in this subsection shall affect the validity of the other provisions of
the trust or other property arrangement or of the governing instrument.
6.3.44 When Non-Vested Property Interest or Power of Appointment Created
(1) Except as provided in subsections (2) and (3) of this Section and in
subsection (1) of 6.3.46 of this Chapter, the time of creation of a non-vested
property interest or a power of appointment is determined under general
principles of property law.
(2) For purposes of Sections 6.3.43 to 6.3.46 of this Chapter, inclusive, if there is
a person who alone can exercise a power created by a governing instrument to
become the unqualified beneficial owner of:
(a) A non-vested property interest; or
(b) A property interest subject to a power of appointment described in subsection
(2) or (3) of Section 6.3.43 of this Chapter, the non-vested property interest or
power of appointment is created when the power to become the unqualified
beneficial owner terminates; or
(c) For purposes of Sections 6.3.43 to 6.3.46 of this Chapter, inclusive, a nonvested property interest or a power of appointment arising from a transfer of
property to a previously funded trust or other existing property arrangement is
created when the non-vested property interest or power of appointment in the
original contribution was created.
6.3.45 Reformation
Upon the petition of an interested person, the Court shall reform a disposition in
the manner that most closely approximates the transferor's manifested plan of
distribution and is within the ninety years allowed by subdivision (b) of subsection
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1, 2 or 3 of Section 6.3.43 of this Chapter if a non-vested property interest or a
power of appointment becomes invalid under Section 6.3.43 of this Chapter:
(1) A class gift is not but might become invalid under Section 6.3.43 of this
Chapter and the time has arrived when the share of any class member is to take
effect in possession or enjoyment; or
(2) A non-vested property interest that is not validated by subdivision (a) of
subsection (1) of Section 6.3.43 of this Chapter can vest but not within ninety
years after its creation.
6.3.46 Exclusions from statutory rule against perpetuities
The provisions of Section 6.3.43 of this Chapter do not apply to:
(1) A non-vested property interest of a power of appointment arising out of a nondonative transfer, except a non-vested property interest or a power of
appointment arising out of
(a) Premarital or post-marital agreement;
(b) Separation or divorce settlement;
(c) Spouse's election;
(d) Similar arrangement arising out of a prospective, existing or previous marital
relationship between the parties;
(e) Contract to make or not to revoke a will or trust;
(f) Contract to exercise or not to exercise a power of appointment;
(g) Transfer in satisfaction of a duty of support; or
(h) Reciprocal transfer.
(2) A fiduciary's power relating to the administration or management of assets,
including the power of a fiduciary to sell, lease or mortgage property, and the
power of a fiduciary to determine principal and income;
(3) A power to appoint a fiduciary;
(4) A discretionary power of a trustee to distribute principal before termination of
a trust to a beneficiary having an indefeasible vested interest in the income and
principal;
(5) A non-vested property interest held by a charity, government or governmental
agency or subdivision, if the non-vested property interest is preceded by an
interest held by another charity; government or governmental agency or
subdivision;

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(6) A non-vested property interest in a power of appointment with respect to a
trust or other property arrangement forming part of a pension, profit-sharing,
stock bonus, health, disability, death benefit, income deferral or other current or
deferred benefit plan for one or more employees, independent contractors or
their beneficiaries or spouses, to which contributions are made for the purpose of
distributing to or for the benefit of the participants or their beneficiaries or
spouses the property, income or principal in the trust or other property
arrangement, except a non-vested property interest or a power of appointment
that is created by an election or a participant or a beneficiary or spouse; or
(7) A property interest, power of appointment or arrangement that was not
subject to the common-law rule against perpetuities or is excluded by another
statute of this State.
6.3.47 "Majority" Defined for Trusts Executed Prior to October 1, 1972
Whenever the word "majority" is used in a will or trust instrument executed prior
to October 1, 1972, it shall be construed to mean a person who has attained the
age of twenty-one.
6.3.48 Rule Against Perpetuities
(1) "Second look" doctrine. In applying the rule against perpetuities to an interest
in property created before October 1, 1989, limited to take effect at or after the
termination of one or more life estates in, or lives of, persons in being when the
period of said rule commences to run, the validity of the interest shall be
determined on the basis of facts existing at the termination of such one or more
life estates or lives.
(2) For the purpose of this Section, an interest which must terminate not later
than the death of one or more persons is a life estate although it may terminate
at an earlier time.
6.3.49 Reduction of Age Contingency to Preserve Interest
If an interest in property created before October 1, 1989, would violate the rule
against perpetuities as modified by Section 6.3.48 of this Chapter because such
interest is contingent upon any person attaining or failing to attain an age in
excess of twenty-one, the age contingency shall be reduced to twenty-one as to
all persons subject to the same age contingency.
6.3.50 Exemption of Certain Employees' Trust Funds from the Rule Against
Perpetuities
A trust created by an employer as part of a stock bonus, pension, disability,
death benefit or profit-sharing plan for the benefit of some or all employees, to
which contributions are made by the employer or employees or both, for the
purpose of distributing to the employees the earnings or the principal, or both
earnings and principal, of the fund held in trust, shall not be deemed to be invalid
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as violating any existing law or rule of law against perpetuities or suspension of
the power of alienation of the title to property. A trust created for such purpose
may continue for such time as may be necessary to accomplish the purposes for
which it has been created. The income arising from any property held in any such
trust may be permitted to accumulate in accordance with the terms of such trust
and the plan of which such trust forms a part for such time as may be necessary
to accomplish the purposes for which such trust has been created. Any rule of
law against perpetuities or suspension of the power of alienation of the title to
property shall not invalidate any such trust.
6.3.51 Charitable Trusts
Any charitable trust or use created in writing, or any public and charitable trust or
use for aiding and assisting any person or persons to be selected by the trustees
of such trust or use to acquire education, shall forever remain to the uses and
purposes to which it has been granted according to the true intent and meaning
of the grantor and to no other use.
6.3.52 Charitable Uses Determined by Trustee, When
Any person may, by will, deed or other instrument, give, devise or bequeath
property, real or personal or both, to any trustee or trustees, and may provide in
such instrument that the property so given, devised or bequeathed shall be held
in trust and the income or principal applied in whole or in part for any charitable
purpose. A donor or testator shall not be required to designate in such will, deed
or other instrument the particular charitable purpose or class of purposes for
which the property shall be used or the income applied. Any such gift, devise or
bequest shall be valid and operative, provided the donor or testator shall give to
the trustee or trustees thereof or to any other person or persons, the power to
select, from time to time and in such manner as such donor or testator may
direct, the charitable purpose or purposes to which such property or the income
thereof shall be applied; and such gift, devise or bequest, accompanied by such
power of selection, shall not be void by reason of uncertainty.
6.3.53 Gifts to Charitable Community Trust
Any person may incorporate by reference in any will, deed or other instrument,
the terms, conditions, trusts, uses or purposes of any existing written or printed
resolution, declaration or deed of trust passed by any corporation or executed by
any person whereby there is established or is attempted to be established any
charitable community trust. Any gift, devise or bequest so given to any person or
corporation, in trust for any use or purpose of such charitable community trust,
shall be valid and effectual notwithstanding that the terms, conditions, uses and
purposes thereof are not otherwise recited in such deed, will or other instrument
than by such reference; and the property so given to such person or corporation
shall be used for the purposes and upon the terms, conditions and trusts
contained in such resolution, declaration or deed of trust establishing such
community trust, so far as the same do not conflict with the intent of the donor or
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testator as expressed in such will, deed or other instrument. Any gift, devise or
bequest so made shall not be void for uncertainty or invalid because such
resolution, declaration or deed of trust establishing such community trust was not
executed by the testator or donor in accordance with statutory provisions,
provided such will, deed or other instrument is executed in accordance with such
provisions.
6.3.54 Community Trustees to Render Annual Accounts. Hearing on Adjustment
and Allowance
(1) The trustee or trustees of any charitable community trust shall annually
render an account under oath to the Probate Court. The account shall include an
inventory of the estate held by such trustee or trustees and shall state the
manner in which the principal of such fund is invested and the items of income
and expenditure.
(2) The Probate Court shall direct the notice, if any, which shall be given of the
hearing upon the adjustment and allowance of any such account. The Court may
adjust and allow the account and make any order necessary to secure the
execution of the duties of such trustee or trustees, subject to appeal as provided
for appeals from orders of the Probate Court.
6.3.55 Probate Court Jurisdiction to Reform Instruments to Federal Tax
Requirements
(1) If any deduction under Section 170, Section 2055 or Section 2522 of the
Internal Revenue Code of 1986 is not allowable with respect to any interest in
property passing under any will, trust agreement or other governing instrument to
a person, or for a use, described in Section 170(c), Section 2055(a) or Section
2522(a) and (b) of said code because such interest shall fail to comply with the
requirements of Section 170(f)(2), Section 2055(e)(2) or Section 2522(c)(2) of
said code, the Probate Court shall have jurisdiction over any action brought to
reform such will, trust agreement or other governing instrument in accordance
with the provisions of Section 170(f)(7), Section 2055(e)(3) or Section 2522(c)(4)
of said code so that such deduction may be allowed under the applicable
provisions of said code. All references contained in this Section to any Section of
the Internal Revenue Code of 1986 shall mean that Section of the Internal
Revenue Code of 1986, or any subsequent corresponding internal revenue code
of the United States, as from time to time amended.
(2) The Probate Court shall be empowered to reform any such will, trust
agreement or other governing instrument only to the extent necessary in order to
ensure the allowance of any deduction described in subsection a. of this Section,
and only to the extent the Court finds that such reformation is consistent with the
original intent of the testator or donor.

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(3) This Section shall not be construed to effect a change in any dispositive
provisions of the governing instrument as provided in Section 6.3.51 of this
Chapter.
(4) Any reformation of any will, trust agreement or other governing instrument in
accordance with the provisions of this Section shall be effective whether or not a
disclaimer has been filed.
6.3.56 Termination of Charitable Trusts
(1) As used in this Section:
(a) "Charitable beneficiary" and "charitable entity" shall include, without limitation,
towns, ecclesiastical society and cemetery associations owning or controlling the
operation of a cemetery or burial ground;
(b) "Charitable trust" shall mean a trust for the benefit of one or more charitable
beneficiaries.
(2) In any case where the current market value of the assets of a testamentary or
intervivos charitable trust is less than sixty-five thousand dollars, any trustee
thereof, any charitable beneficiary specifically designated in the governing
instrument may petition the Probate Court for an order terminating the trust. If
such a trust has not been under the jurisdiction of the Probate Court prior to any
such petition, the petition shall only be brought if the grantor, if living, or any
trustee is a member of the Tribe and resides on tribal lands. Upon receipt of such
a petition, the Court shall order a hearing and cause notice thereof to be given to
the trustees, the grantor of the trust, if living, and any charitable beneficiary of the
trust specifically designated in the governing instrument. If at such a hearing the
Court determines that continuation of the trust is uneconomic when the costs of
operating the trust, probable income and other relevant factors are considered or
not in the best interest of the beneficiaries, the Court may order termination of the
trust and distribution of the trust assets to any charitable beneficiary specifically
designated in the governing instrument or, in the event no such beneficiary
exists, to such other charitable trusts or charitable entities, including any
community trust or foundation, as the Court may determine will fulfill the
charitable purposes of the trust being so terminated.
6.3.57 Definitions
As used in Sections 6.3.57 to 6.3.65 of this Chapter, inclusive:
(1) "Institution" means an incorporated or unincorporated organization organized
and operated exclusively for educational, religious, charitable purposes, a
governmental organization to the extent that it holds funds exclusively for any of
these purposes, or a charitable community trust as described in Section 24 of
this Chapter;

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(2) "Institutional fund" means a fund held by an institution for its exclusive use,
benefit or purposes, but does not include:
(a) A fund held for an institution by a trustee that is not an institution, other than a
fund which is held for a charitable community trust; or
(b) A fund in which a beneficiary that is not an institution has an interest, other
than possible rights that could arise upon violation or failure of the purposes of
the fund;
(3) "Endowment fund" means an institutional fund, or any part thereof, not wholly
expendable by the institution on a current basis under the terms of the applicable
gift instrument;
(4) "Governing board" means the body responsible for the management of an
institution or of an institutional fund;
(5) "Historic dollar value" means the aggregate fair value in dollars of:
(a) An endowment fund at the time it became an endowment fund;
(b) Each subsequent donation to the fund at the time it is made; and
(c) Each accumulation made pursuant to a direction in the applicable gift
instrument at the time the accumulation is added to the fund. The determination
of historic dollar value made in good faith by the institution is conclusive;
(6) "Gift instrument" means a will, deed, grant, conveyance, agreement,
memorandum, writing or other governing document, including the terms of any
institutional solicitations from which an institutional fund resulted, under which
property is transferred to or held by an institution as an institutional fund.
6.3.58 Expenditure of Net Appreciation, Standards
The governing board may appropriate for expenditure for the uses and purposes
for which an endowment fund Is established so much of the net appreciation,
realized and unrealized, in the fair value of the assets of an endowment fund
over the historic dollar value of the fund as is prudent under the standard
established by Section 35 of this Chapter. This Section does not limit the
authority of the governing board to expend funds as permitted under other law,
the terms of the applicable gift instrument or the charter of the institution.
6.3.59 Exception and Restriction on Expenditure of Net Appreciation.
Construction
Section 6.3.58 of this Chapter does not apply if the applicable gift instrument
indicates the donor's intention that net appreciation shall not be expended. A
restriction upon the expenditure of net appreciation may not be implied from a
designation of a gift as an endowment, or from a direction or authorization in the
applicable gift instrument to use only "income", "interest", "dividends" or "rents,
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issues or profits", or "to preserve the principal intact", or a direction which
contains other words of similar import.
6.3.60 Accumulation of Annual Net Income, Standards
The governing board may accumulate so much of the annual net income of an
endowment fund as is prudent under the care established by Section 6.3.64 of
this Chapter and may hold any or all of such accumulated income in an income
reserve for subsequent expenditure for the uses and purposes for which such
endowment fund is established or may add any or all of such accumulated
income to the principal of such endowment fund as is prudent under said
standard. This Section does not limit the authority of the governing board to
accumulate income or to add the same to principal of an endowment fund as
permitted under other law, the terms of the applicable gift instrument or the
charter of the institution.
6.3.61 Exception and Restriction of Accumulation of Annual Net Income.
Construction.
Section 6.3.60 of this Chapter does not apply if and to the extent that the
applicable gift instrument indicates the donor's intention that income of an
endowment fund shall not be accumulated or shall not be added to the principal
of the fund. A restriction against accumulation or addition to principal may not be
implied from a designation of a gift as an endowment, or from a direction or
authorization in the applicable gift instrument to apply to the uses and purposes
of the fund the "income", "interest", "dividends", "currently expendable income" or
"rent, issues or profits", or a direction which contains other words of similar
import.
6.3.62 Investment of Institutional Funds
In addition to an investment otherwise authorized by law or by the applicable gift
instrument, and without restriction to investments a fiduciary may make, the
governing board, subject to any specific limitations set forth in the applicable gift
instrument or in the applicable law other than law relating to investments by a
fiduciary, may: (1) Invest and reinvest an institutional fund in any real or personal
property deemed advisable by the governing board, whether or not it produces a
current return, including mortgages, stocks, bonds, debentures and other
securities of profit or nonprofit corporations, shares in or obligations of
associations, partnerships or individuals, and obligations of any government or
subdivision or instrumentality thereof; (2) retain property contributed by a donor
to an institutional fund for as long as the governing board deems advisable; (3)
include all or any part of an institutional fund in any pooled or common fund
maintained by the institution; and (4) invest all or any part of an institutional fund
in any other pooled or common fund available for investment, including shares or
interests in regulated investment companies, mutual funds, common trust funds,
investment partnerships, real estate investment trusts, or similar organizations in

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which funds are commingled and investment determinations are made by
persons other than the governing board.
6.3.63 Delegation of Powers of Investment
Except as otherwise provided by the applicable gift instrument or by applicable
law relating to governmental institutions or funds, the governing board may:
(1) Delegate to its committees, officers or employees of the institution or the fund,
or agents, including investment counsel, the authority to act in place of the board
in investment and reinvestment of institutional funds;
(2) Contract with independent investment advisers, investment counsel or
managers, banks or trust companies so to act; and
(3) Authorize the payment of compensation for investment advisory or
management services.
6.3.64 Standards Applicable to Actions of Governing Board
In the administration of the powers to appropriate appreciation, to make and
retain investments and to delegate investment management of institutional funds,
member of a governing board shall exercise ordinary business care and
prudence under the facts and circumstances prevailing at the time of the action
or decision. In so doing they shall consider long and short term needs of the
institution in carrying out its educational, religious, charitable or other
eleemosynary purposes, its present and anticipated financial requirements,
expected total return on its investments, price level trends and general economic
conditions.
6.3.65 Release of Restriction in Gift Instrument: Written Consent, Court Order.
Limitations. Doctrine of Cy-pres Applicable.
(1) With the written consent of the donor, the governing board may release, in
whole or in part, a restriction imposed by the applicable gift instrument on the use
or investment of an institutional fund;
(2) If written consent of the donor cannot be obtained by reason of his death,
disability, unavailability or impossibility of identification, the governing board may
apply, in the name of the institution, to the Probate Court for release of a
restriction imposed by the applicable gift instrument on the use or investment of
an institutional fund. The Tribal Counsel of the Tribe shall be notified of the
application and shall be given an opportunity to be heard. If the Court finds that
the restriction is obsolete, inappropriate or impracticable, it may by order release
the restriction in whole or in part. A release under this subsection may not
change an endowment fund to a fund that is not an endowment fund;

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(3) A release under this Section may not allow a fund to be used for purposes
other than the educational, religious, charitable purposes of the institution
affected;
(4) This Section does not limit the application of the doctrine of cy-pres or
approximation.

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CHAPTER 6.4
GUARDIANSHIP AND
CONSERVATORSHIP

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CHAPTER 6.4 CONSERVATOR AND GUARDIANSHIP
6.4.1 Legislative History and Explanatory Notes
The purpose of this chapter is to establish a formal procedure enabling the Tribal
Court to provide for the protection of the property and welfare of persons closely
tied to the Reservation.
6.4.2 Explanation
A person's property, which is referred to as his or her "estate" is protected by the
appointment of a conservator. A common example of such situation is the case
of an elderly person who is mentally competent and able to care for himself or
herself physically, but does not have the ability to manage his or her assets. In
that case, appointment of a conservator to manage the property and protect the
assets is appropriate. A guardian is appointed to care for the minor or
incapacitated person, rather than that person's property. Thus, the guardian
arranges and provides for such things as food, shelter, clothing, obtaining
medical care, and other things of a personal nature. In some cases, it might be
appropriate to appoint both a conservator and a guardian for a particular person.
The same person might act as both conservator and guardian, or different
individuals may be appointed to fill each position.
6.4.3 Intent
(1) It is the intent and desire of the Tribe that unless prohibited by Federal statute
or regulation, personnel employed by the Bureau of Indian Affairs conduct their
dealings to the affairs of wards for whom guardians or conservators have been
appointed in accordance with the provision of this chapter.
(2) This chapter is intended to implement provisions of the Tribal Constitution
empowering the Tribe to "protect the health, security and general welfare of the
members of the Burns Paiute Tribe."
6.4.4 Definitions
(1) "Conservator" means a person appointed as caretaker and protector to look
after the property of a minor or incapacitated person.
(2) "Guardian" means a person appointed as custodian of a minor or
incapacitated person.
(3) "Incapacitated person" means a person, other than a minor, who is unable,
without assistance, to properly manage or take care of himself or herself or
his/her personal affairs.

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(4) "Minor" means an unmarried person who is younger than 18 years of age.
(5) “Ward" means a person for whom a guardian or conservator has been
appointed.
(6) "Indian" means, unless otherwise specified, a member of the Burns Paiute
Indian Tribe, or any other person of Indian blood who is a member of a federally
recognized Indian tribe, or any other person on the Reservation who is
recognized by the community as an Indian, including a Canadian Indian or an
Alaska native.
6.4.5 Jurisdiction
The Burns Paiute Tribal Court shall have jurisdiction to appoint conservators
and/or guardians for members of the Burns Paiute Indian Tribe, children of
enrolled members, and Indians married to Tribal members.
6.4.6 Commencement of Proceedings
Proceedings for the appointment of a conservator and/or guardian shall be
commenced in the Burns Paiute Tribal Court by the filing of a petition in the form
prescribed by the court.
6.4.7 Persons Entitled to File Petitions
The following persons are entitled to file a petition for the appointment of a
conservator and/or guardian:
(1) A family member of the ward;
(2) Burns Paiute Tribal Social Services.
6.4.8 Contents of Petition
A petition for the appointment of a conservator and/or guardian shall contain the
following information:
(1) The name and address of the petitioner;
(2) The name, age and address of the proposed ward;
(3) The reason the appointment of a conservator and/or guardian is necessary;
(4) The name, age, and address of the proposed guardian or conservator and the
relationship of the proposed guardian or conservator to the ward. If an alternate

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proposed guardian or conservator is proposed, include the same information for
the alternate.
6.4.9 Notice of Proceedings
(1) Within 10 days after the filing of a petition for the appointment of a
conservator and/or guardian, the petitioner shall give notice of the proceedings to
the following persons:
(a) The children, parents, adult siblings, and spouse of the proposed ward;
(b) If the petition is for the appointment of a conservator, to the creditors of the
proposed ward;
(2) Notice shall be given either personally or by written notice sent by first class
mail.
6.4.10 Preference in Appointing Conservator and/or Guardian
The parents of a minor or incapacitated person, or either of them, if qualified and
suitable, shall be preferred over all others for appointment as conservator and/or
guardian for the proposed ward. A second preference shall be made for the
adult children of the proposed ward. Subject to these preferences, the Court
shall appoint as conservator and/or guardian for a proposed ward the qualified
person most suitable who is willing to serve, having due regard, among other
factors, to:
(1) Any request for the appointment as conservator and/or guardian for a
proposed ward contained in a written instrument executed by the proposed ward
while competent.
(2) Any request for the appointment as conservator and/or guardian for a
proposed ward contained in a will or other written instrument executed by the
parent of the proposed ward.
(3) Any request for the appointment as a conservator and/or guardian for a minor
14 years of age or older made by the minor.
(4) The relationship by blood or marriage of the proposed conservator and/or
guardian to the proposed ward.
6.4.11 Hearings; Notice
(1) The Court shall schedule and conduct a hearing to consider the appointment
of a conservator and/or guardian pursuant to the petition filed with the Court. At
the hearing interested persons shall be entitled to present evidence. Notices of
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the hearing shall be to the same persons entitled to receive notice pursuant to
Section 6.4.9 and in the same manner.
(2) The petitioner or his spokesperson shall be entitled to present comments or
evidence to the Court regarding the appointment of a conservator and/or
guardian and the Court shall take into consideration such evidence or comments.
6.4.12 Emergency Orders
When necessary for the protection of the ward or the ward's property, the Court
may issue an emergency order appointing a conservator and/or guardian
pending a formal hearing provided for in Section 6.4.11. The emergency order
shall be effective for no longer than 60 days.
6.4.13 Appointment of Spokesperson for Proposed Ward
Upon request or upon its own motion, the Court may appoint a spokesperson to
represent the proposed ward in proceedings governed by this chapter. However,
this section does not provide for funds to pay the spokesperson from Tribal
funds.
6.4.14 Examination and Home Study
Upon request or upon its own motion, the Court may order the proposed ward to
be examined by a physician, psychologist or other person who shall submit a
report in writing to the Court and may order a home study of the home of the
proposed conservator/guardian.
6.4.15 Findings and Appointment
(1) The Court may appoint a conservator and/or guardian as requested if the
Court is satisfied that:
(a) The proposed ward is either a minor or an incapacitated person;
(b) The appointment is necessary or desirable as a means of providing
continuing care and supervision of the proposed ward and/or the property of the
proposed ward; and
(c) The proposed conservator and or guardian is both qualified and suitable, and
is willing to serve.
(2) Based on the information provided to the Court, the Court shall make a
guardianship appointment that is no more restrictive upon the liberty of the ward
than is reasonably necessary to protect the ward.

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6.4.16 Court Orders
Upon entry by the Court of orders pursuant to this chapter, copies of such orders
shall be forwarded to the Burns Paiute Tribal Social Services.
6.4.17 Effect of Accepting Appointment as Conservator and/or Guardian
By accepting appointment, a conservator and/or guardian whether a resident or
non-resident of the Reservation, submits personally to the jurisdiction of the
Tribal Court in any proceedings related to the conservatorship/guardianship .
6.4.18 Termination or Removal of Conservatorship and/or Guardianship
A conservatorship and/or guardianship may be terminated by order of the Court
upon notice to interested persons and a hearing in the Tribal Court on the
removal or termination. The Tribal Court may in conjunction with issuing an order
accept the resignation, require the conservator and/or guardian to provide full
account of the financial affairs of the ward and may also direct that an audit be
conducted of the ward's financial affairs.
6.4.19 Resignation of Conservator or Guardian
Persons desiring to resign as a conservator or guardian shall submit their
resignation to the Tribal Court. The Court shall issue an order accepting the
resignation after a showing that no other actions in the interim are necessary to
protect the ward or the estate of the ward.
6.4.20 General Powers of Guardians
A guardian is not liable to third persons for acts of the ward solely by reason of
the guardian and ward relationship. In the general performance of powers and
duties respecting the ward, a guardian of a minor or incapacitated person:
(1) May to the extent that is consistent with the terms of the Court order relating
to detention or commitment of the ward, have custody of the person of the ward
and establish the ward's place of abode on or off of the Reservation.
(2) If entitled to custody of the ward, shall provide for the care, comfort and
maintenance of the ward, and whenever appropriate, arrange for the training and
education of the ward. Without regard to custodial rights of the ward's person,
that guardian shall take reasonable care of the ward's clothing, furniture,
vehicles, and other personal effects and begin protective proceedings if other
property of the ward is in need of protection.
(3) May consent to or approve any necessary medical or other professional care,
counsel, treatment or service for the ward.
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(4) May do all other things necessary for the protection of the ward.
6.4.21 General Powers of Conservators
A conservator, acting reasonably in efforts to accomplish the purpose for which
he was appointed, may act without Tribal Court authorization or confirmation, to:
(1) Collect, hold and retain assets of the estate including land wherever situated
excluding trust lands, until, in his judgment, disposition of the assets should be
made, and the assets may be retained even though they include an asset in
which he is personally interested;
(2) Receive additions to the estate;
(3) Continue or participate in the operation of any business or other enterprise;
(4) Deposit estate funds in a bank including a bank operated by the conservator;
(5) Insure the assets of the estate against damage or loss and the conservator
against liability with respect to third persons;
(6) Pay taxes, assessments, compensation of the conservator, and other
expenses incurred in the collection, care, administration and protection of the
estate;
(7) Pay any sum distributable to a ward or dependent of the ward by paying the
sum to the distributee or by paying the sum for the use of the distributee either to
his guardian or if none, to a relative or other person with custody of his person,
subject to any programming requirements that may be established by the Court;
and
(8) Execute and deliver all instruments which will accomplish or facilitate and
exercise of the powers vested in the conservator.
6.4.22 Powers of Conservator Pursuant to Tribal Court Order
Upon authorization by the Tribal Court a conservator may exercise the following
powers:
(1) Acquire an undivided interest in any estate asset in which the conservator in
any fiduciary capacity holds an undivided interest;
(2) Invest and reinvest estate assets and funds as would a trustee;

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(3) Acquire or dispose of an estate asset including non-trust land wherever
situated for cash or on credit, at public or private sale; and to manage, develop,
improve, exchange, partition, change the character of, or abandon an estate
asset in connection with the exercise of any power vested in the conservator;
(4) Make ordinary or extraordinary repairs or alterations to buildings or other
structures, to demolish any improvements, to raise existing or erect new party
walls or buildings;
(5) Vote a security, in person or by general or limited protection;
(6) Employ persons, including attorneys, auditors, investment advisors, or
agents, even though they are associated with the conservator to advise or assist
him in the performance of his administrative duties, to act upon their
recommendation without independent investigation, and instead of acting
personally to employ one or more agents to perform any act or administration,
whether or not discretionary;
(7) Prosecute or defend actions, claims or proceedings in any jurisdiction for the
protection of estate assets and of the conservator in the performance of his
duties;
(8) Prosecute claims of the prosecuted person including those for his personal
injury.
6.4.23 Reports to the Tribal Court
Tribal Court may require the conservator and/or guardian to submit periodic
reports to the Tribal Court in the form prescribed by the Court on not less than an
annual basis.
6.4.24 Bonds
The Tribal Court may in its discretion require the posting of a bond by a
conservator in an amount to be determined by the Tribal Court.
6.4.25 Penalties
(1) Any Indian conservator or guardian who steals, diverts, or grossly abuses tile
funds or property of a ward shall be deemed guilty of a crime and may be
punished by a jail sentence not to exceed one year or a fine not to exceed
$5000.00, or both, and is subject to an order of restitution by the Court.
(2) In addition to the criminal penalties provided for in sub-section (1) above, any
conservator or guardian who steals, diverts, or grossly abuses the funds or

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property of a ward shall additionally be subject to civil sanctions including a
penalty not to exceed $5000 and an order of restitution by the Court.

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TITLE 7
CORPORATIONS

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TITLE 7 CORPORATIONS
TABLE OF CONTENTS
CHAPTER 7.1 NON-PROFIT CORPORATIONS
Oregon Law Applies in all respects.
CHAPTER 7.2 BUSINESS CORPORATIONS
Oregon Law Applies in all respects.

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TITLE 8
CONSTITUTIONAL
AMENDMENTS,
ELECTIONS &
EMERGENCY
MANAGEMENT

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TITLE 8
TABLE OF CONTENTS
CHAPTER 8.1 PROCEDURES FOR PROPOSING CONSTITUTIONAL
AMENDMENTS BY PETITION
(Provided for by Constitution)
CHAPTER 8.2 ELECTIONS
(Provided for outside of the Burns Paiute Tribal Code by Tribal Ordinance)
CHAPTER 8.3 EMERGENCY MANAGEMENT
8.3.1 Intent and purpose
8.3.2 Definitions
“Attack”
“Coordinator”
“Disaster”
“Emergency Management”
“Emergency Management Resources”
“Emergency Management volunteer”
“Regulations”
“Volunteer”
“Tribal Lands”
8.3.3 Organization and Appointment
8.3.4 Day-to-Day Duties and Responsibilities of the Coordinator
8.3.5 Emergency Management Plans
8.3.6 No Municipal or Private Liability
8.3.7 Violations
8.3.8 Conflicting Ordinances, Orders, Rules and Regulations Suspended
States of Emergency
8.3.20 State of Emergency; Restrictions Authorized
8.3.21 Proclamation Imposing Prohibitions and Restrictions
8.3.22 Evacuation
8.3.23 Curfew
8.3.24 Restrictions on Possession, Transportation, and Transfer of
Dangerous Weapons and Substances
8.3.25 Restrictions on Access to Areas
8.3.26 Application of Proclamation
8.3.27 Removal of Prohibitions and Restrictions
8.3.28 Superseding and Amendatory Proclamations
8.3.29 Termination and Proclamation
8.3.30 Absence or Disability of Tribal Chairman
8.3.31 Penalty for Violation
8.3.32 Repeal of Conflicting Ordinances
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8.3.33 Territorial Applicability
8.3.34 Hazardous Materials
CHAPTER 8.4 ENROLLMENT
(Provided for outside of the Burns Paiute Tribal Code by Tribal Ordinance)

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CHAPTER 8.1
PROCEDURES FOR
PROPOSING
CONSTITUTIONAL
AMENDMENTS BY
PETITION
(Provided for by Constitution)

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CHAPTER 8.2
ELECTIONS
(Provided for outside of Burns Paiute Tribal Code by Tribal Ordinance)

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CHAPTER 8.3
EMERGENCY
MANAGEMENT

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CHAPTER 8.3 EMERGENCY MANAGEMENT
GENERAL
8.3.1 Intent and Purpose
(a) It is the intent and purpose of this chapter to establish an office to ensure the
efficient utilization of all Tribal resources to combat disasters as defined by this
chapter
(b) The Tribal Department of Emergency Management shall be the coordinating
Department for all planning, organizing, resources, outreach, training, budgeting,
funding, in connection with Emergency Management; it shall be the instrument
through which the Tribal Council and Tribal Administration may exercise the
authority and discharge the responsibilities vested in them during disaster
emergencies.
(c) This chapter will not relieve any Tribal Department of responsibilities or
authority granted by the Tribal Charter or by Tribal Ordinances, nor will it
adversely affect the work of any volunteer agency organized for relief in disaster
emergencies.
8.3.2 Definitions
The following definitions shall apply in the interpretation of this chapter:
(a) “Attack” shall mean direct or indirect assault against Burns Paiute Tribal
lands, the Tribal government and its surrounding area, or of the United States by
the forces of a hostile nation or the agents thereof, including assault by bombing;
conventional, nuclear, chemical or biological warfare; terrorism or sabotage.
(b) “Coordinator” shall mean the Coordinator of the Tribe’s Emergency
Management Department, appointed as prescribed in this chapter.
(c) “Disaster” includes, but is not limited to, actual or threatened enemy attack,
sabotage, extraordinary fire, flood, storm, epidemic, accident, chemical spills or
other impending or actual calamity endangering or threatening to endanger
health, life or property of constituted government.
(d) “Emergency Management” is the basic government function of maintaining
the public peace, health and safety during an emergency. This term shall include
plans and preparation for protection and relief, recovery and rehabilitation from
effects of an attack by the forces of an enemy nation or the agents thereof, or a
disaster as defined herein. It shall not, however, include any activity that is the
primary responsibility of the military forces of the United States.
(e) “Emergency Management Resources” shall mean the employees, equipment
and facilities of all Tribal Departments, boards, councils, committees; and, in
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addition, it shall include all volunteer personnel, equipment and facilities
contributed by, or obtained from, volunteer persons or agencies.
(f) “Emergency Management volunteer” shall mean any person duly registered,
identified and appointed by the Coordinator of the Tribe’s Department of
Emergency Management and assigned to participate in Emergency Management
activities.
(g) “Regulations” shall include plans, programs, and other emergency
procedures deemed essential to emergency management.
(h) “Volunteer” shall mean contributing a service, equipment or facilities to the
Department of Emergency Management without reimbursement.
(i) “Tribal Lands” shall mean all lands held in trust for the Burns Paiute Tribe
and lands owned by the Burns Paiute Tribe.
8.3.3 Organization and Appointment
(a) The organization shall consist of the following:
(1) A Department of Emergency Management within the Tribal Administration of
the Tribal Government under the direction of the Tribal Council. The Department
head of the Tribal Emergency Management Department shall be known as the
Coordinator, and such assistants and other employees as are deemed necessary
for the proper functioning of the Department will be appointed.
(2) The employees and resources of all Tribal departments, boards, committees,
and councils shall participate in the Emergency Management activities. Duties
assigned to Tribal departments shall be the same as or similar to the normal
duties of the department, where possible.
(3) Volunteer personnel and agencies offering services to and accepted by the
Tribe.
(b) The Coordinator shall designate and appoint Deputy Coordinators to assume
the emergency duties of the Coordinator in the event of his or her absence or
inability to act.
8.3.4 Day-to-Day Duties and Responsibilities of the Coordinator
The Coordinator shall be responsible for the planning, coordination, and
operation of the Emergency Management activities within all Burns Paiute tribal
lands. The Coordinator shall maintain liaison with state and federal authorities
and the authorities of nearby political subdivisions so as to ensure the most
effective operations of the Emergency Management Plans. The Coordinator’s
duties shall include, but not be limited to, the following:

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(a) Coordinating the recruitment of volunteer personnel and agencies to
augment the personnel and facilities of the Tribe for Emergency Management
purposes.
(b) Develop

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aburns_paiute%3Af59806d265e826d0. Public record. Not legal advice.