Pueblo of Isleta Tribal Council would like your input on this draft ordinance. The public (2014)

Isleta Pueblo News

Volume 9 Issue 2A

February 2014

SPECIAL EDITION

Pueblo of Isleta Tribal Council would like your input on this draft ordinance. The public

comment period is from February 10, 2014 to March 12, 2014. Your input on this draft ordinance

is important. Please provide your input in writing to: Tribal Council Office P.O. Box 1270

Isleta, NM 87022, or hand deliver in person at the Tribal Council office during regular business

hours.

Thank you.

[Jan. 31, 2014 draft]

PUEBLO OF ISLETA PROBATE ORDINANCE

ARTICLE 1 GENERAL PROBATE PROVISIONS

Section 1.1 Purpose and Authority

Section 1.2 Definitions

A. The following statute shall hereinafter

be referred to as the Probate Ordinance.

The objective of this Probate Ordinance is

to provide for the exercise of the greatest

possible tribal jurisdiction over the probate

of the estate of Decedents who are Members

of, or were domiciled or owned Personal

Property on, the Pueblo of Isleta.

As used in this title, unless the context

otherwise requires:

The Pueblo of Isleta Tribal Council finds

that probate proceedings in Pueblo of

Isleta Tribal Court may be concluded

more economically and more expeditiously

than by other jurisdictions to the benefit

of all interested parties. Furthermore, the

determination of how Property is disposed

upon a person's death is an exercise of selfgovernance and a means to preserve and

give effect to the Pueblo's laws, customs,

and traditions.

B. This Probate Ordinance shall be liberally

construed and applied to meet the following

objectives:

(1) To comply with the Decedent's

wishes as much as possible;

(2) To comply with tribal law and

established custom and tradition;

(3) To provide a simple, efficient, and

inexpensive method for probating

Decedent's Property;

(4) To ensure that the rights of

creditors of Decedents are protected to

the extent reasonable and fair; and

(5) To ensure that the Property of

Decedents passes to the rightful Heirs

or Beneficiaries.

C. The authority to promulgate this

Probate Ordinance is derived from Article

V, Section 2(e) of the Pueblo of Isleta Tribal

Constitution ("To enact ordinances, subject

to approval by the Secretary of Interior, to

protect the peace, safety, property, health,

and general welfare of the members of the

Pueblo of Isleta;") and Article V, Section 2(k)

("To regulate trade, inheritance of personal

property, land assignments, and private

dealings in pueblo land among members

within the pueblo.").

“Administrator” means the person

appointed by the Tribal Court to administer

the estate of a Decedent according to this

Probate Ordinance and may include an

Administrator nominated by the Decedent’s

Will, appointed at the request of one or more

of Decedent’s Heirs, or otherwise appointed

by the Court.

“Beneficiary” means any person nominated

in a Will to receive an interest in Property

other than in a fiduciary capacity.

“Codicil” means a supplement or an

addition to a Will not intended to revoke or

supersede such Will in its entirety; a Codicil

may explain, modify, add to, subtract from,

qualify, alter, restrain, or revoke provisions

in an existing Will.

“Decedent” means a person who has

died leaving Property that is subject to

administration.

“Devisee” means any person to whom

lands or other Real Property are given by

Will.

“Domicile” means the place where a person

has his or her true, fixed, and permanent

home and principal residence, and to which

whenever he or she is absent, he or she has

the intention of returning.

“Executor” means the person named in a

will to administer the estate of a Decedent

according to the will, or a person otherwise

appointed by the Court to administer a

will.

“Family” means blood relatives and

individuals who are legally adopted, unless

custom and tradition dictates otherwise, as

determined by the Court.

“Heir” means any person, including the

surviving spouse, who is entitled under the

law governing Intestate succession to an

interest in the Property of a Decedent.

“Intestate” means one who dies without

leaving a valid Will.

“Issue”

means

the

descendant(s)

of a Decedent or another specified

person; children, grandchildren, greatgrandchildren, etc.

“Land Assignment” means the right to

possess and use an identifiable portion of

the Pueblo’s Reservation in accordance with

tribal law, custom, and tradition.

“Member” means an enrolled member of

the Pueblo of Isleta.

“Traditional Personal Items” mean

items belonging to the Decedent that are

related to participation in the customs

and traditions of the Pueblo of Isleta, and

include sacred objects or items of cultural

patrimony. Traditional Personal Items

shall be distributed in accordance with the

customs and traditions of the Pueblo.

“Personal Property” means all Property

other than Real Property and Personal

Items.

“Property” means any interest, legal or

equitable in Real or Personal Property,

without distinction as to kind, excluding

use permits such as for grazing.

“Real Property” means all interest in land

or in buildings or improvement permanently

attached to land, including, as applicable, a

Land Assignment.

“Reservation” means all lands in which

the Pueblo is beneficially interested within

the exterior boundary of the Pueblo of

Isleta, and any lands outside of said exterior

boundary held in trust by the United States

for the benefit of the Pueblo, or which

otherwise constitute Indian lands of the

Pueblo restricted as to alienation by federal

law.

“Spouse” means one’s husband or wife of

lawful marriage.

“Testator” means a Decedent who dies

leaving a valid Will.

“Tribal Court” means the Pueblo of Isleta

Tribal Court.

“Will” means the last will and testament of

a Decedent disposing of his or her Property

upon his or her passing, to the extent

determined valid by the Tribal Court under

Article 2 hereof.

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Section 1.3 Jurisdiction and Scope

A. The Tribal Court shall have jurisdiction

to administer in probate the estate of a

Decedent who, at the time of his or her death,

held a Land Assignment, was domiciled, or

owned Personal Property situated, within

the Pueblo’s 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.

B.

The Tribal Court shall not have

jurisdiction over matters of custom and

tradition, except through evidentiary

proceedings to determine a custom and

tradition. In such matters, jurisdiction shall

be recognized and acknowledged in the

customs and traditions of the Pueblo. Tribal

Court may seek advice from the Pueblo

of Isleta Cultural Affairs Committee and

others on issues of custom and tradition.

C. Scope. This Probate Ordinance shall

extend to all probate matters within the

Isleta Indian Reservation, to the extent not

contrary to federal law.

Section 1.4 Distribution of Traditional

Personal Items

A. Prior to the initiation of the

administration of the estate, and

notwithstanding the provisions of this

Probate Ordinance relating to descent

and distribution, the surviving spouse

or other traditionally appropriate

surviving next of kin may distribute any

Traditional Personal Items belonging

to the Decedent in accordance with the

customs and traditions of the Pueblo.

B. The surviving tribal member spouse

or, if there is no surviving tribal member

spouse, other traditionally appropriate

surviving next of kin as determined by

majority of the family of the Decedent,

may distribute traditional personal

items. Such distribution shall be in

accordance with directions left by the

Decedent, if any, to the extent consistent

with custom and tradition.

Section 1.5: Distribution of NonProbate Assets

Assets, including but not limited to an

insurance policy with named beneficiary

or payable-on-death instructions for a

bank account, shall not be distributed in

probate proceedings but shall execute at

the time of death. In the event there is a

dispute as to whether an asset is a nonprobate asset, Tribal Court shall make the

determination.

Section 1.6 Renunciation

A. A person (or their personal

representative) who is an Heir or

Beneficiary, may renounce in whole or

in part any right of succession to any

Property or interest therein by filing

a written instrument with the Court

not later than six months after the

Decedent’s death or the time at which it

is determined that the person is entitled

to take Property if such is not known at

the time of death. If renunciation is not

Isleta Pueblo News

executed within the timeframe specified

herein, the person must take possession

of the Property or interest therein.

B. The instrument shall (1) describe

the Property or part thereof or interest

therein renounced, (2) be signed by the

person renouncing, and (3) declare the

renunciation and the extent thereof

Upon proper renouncement, the interest

renounced passes as if the renouncing

person had predeceased the Decedent.

Section 1.7 Effects of Divorce,

Annulment, and Decree of Separation

A person who is divorced from a Decedent

or whose marriage to the Decedent has

been annulled is not a surviving spouse

unless, by virtue of a subsequent marriage,

he or she is married to the Decedent at the

time of death. A decree of separation which

does not terminate the status of husband

and wife is not a divorce for purposes of this

Probate Ordinance.

Section 1.8 Effect of Homicide on

Intestate and Intestate Succession

A. A surviving spouse, Heir, or

Beneficiary

who

criminally

and

intentionally kills the Decedent is not

entitled to any benefits passing under

this Probate Ordinance, and the estate

of the Decedent passes as if the killer

had predeceased the Decedent.

B. A final judgment of conviction of

any offense containing the elements

of criminal and intentional killing is

conclusive for purposes of this section.

In the absence of a conviction of criminal

and intentional killing, the Court

may determine by a preponderance

of evidence whether the killing was

criminal and intentional for purposes of

this section.

Section 1.9 Simultaneous Death

Provisions

A. Where the title to Property covered

under this Probate Ordinance or the

devolution thereof depends upon priority

of death and there is no sufficient

evidence that the persons have died

otherwise than simultaneously, the

Property of each person shall be disposed

of as if they had survived except where

provided otherwise in this Probate

Ordinance.

B. These provisions on simultaneous

death shall not apply in cases where

the Decedent has made provision for a

different distribution in a Will.

Section 1.10: Non-Tribal Member Not

to Inherit Trust Land

In no event and under no circumstances

shall an individual inherit trust land within

the Isleta Indian Reservation who is not (a)

an enrolled member or (b) eligible to be an

enrolled member of the Pueblo of Isleta.

ARTICLE 2 WILLS

Section 2.1 Who May Make a Will

Any person eighteen (18) or more years of

age and who is of sound mind may make a

Will.

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Section 2.2 Validity of Will

A. A Will shall be deemed valid if

the Decedent had a sane mind and

understood what he was doing when

he made the Will and was not subject

to any undue influence of any kind from

another person, and if the Will was

executed in the presence of two witnesses

who also sign the Will, unless the person

making the Will is not able to comply

with this requirement because he is not

present in the Pueblo when the Will is

made, in which case, the Will shall be

signed by the Testator and witnessed

by two competent witnesses who shall

see the Testator sign the Will in their

presence.

B. In addition, an oral Will under tribal

custom and tradition, where the Testator

gathers all family members who would

constitute Heirs at that time to witness

the Property he or she is bequeathing

among identified individuals, shall be

recognized to be valid so long as the Court

is satisfied by an unopposed petition

of such Heirs, or the preponderance of

evidence presented by all interested

parties at a hearing, that the Testator

knowingly and intentionally made such

an oral Will under tribal custom and

tradition. Such petition must be signed

by all family members who would

constitute Heirs.

C. In addition, an oral Will under

tribal custom and tradition, where the

Testator orally informs the Governor

how the property of the Testator should

be bequeathed, shall be recognized to

be valid so long as (1) the Governor

without delay provides an affidavit to

Testator as evidence of the Testator’s

request, (2) the Testator was of sound

mind when the information was given,

and (3) two witnesses are present when

the oral will is made. Such affidavit

shall be signed by the two witnesses and

filed by Governor at the Census Office

and Mapping and Surveying Division

and with the Testator.

Section 2.3 Self-Proved Will-Form

An attested Will may, at any time of its

execution or at any subsequent date, be

made self-proved, by the acknowledgment

thereof by the testator and the affidavits of

the witnesses, each made before a Governor

or Lieutenant Governor of the Pueblo, a

Tribal Court judge, or, if made off of the

Reservation, before a notary public under

official seal, attached or annexed to the will

in form and content and substantially as

follows:

State of ________________

County of ______________

We, [ fill in Testator name ], and [fill in

Witness names], the testator and the

witnesses, respectively, whose names

are signed to the attached and foregoing

instrument, being first duly sworn, do

hereby declare to the foregoing authority

that the testator signed and executed

the instrument as the testator’s last

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will and that the testator signed

willingly or directed another to sign

for the testator, and that the testator

executed the instrument as his or her

free and voluntary act for the purposes

therein expressed; and that each of

the witnesses, in the presence and

hearing of the testator, signed the will

as witness and that to the best of his or

her knowledge the testator was at the

time 18 years or more of age, of sound

mind and under no constraint or undue

influence.

___________________________

TESTATOR

___________________________

WITNESS

___________________________

Date:

___________________________

WITNESS

___________________________

Date:

Subscribed, sworn to and acknowledged

before me by the testator, and

subscribed and sworn to before me

by_______________ and ______________

witnesses, this ________day of 200__.

_______________________________

SIGNED BY A NOTARY PUBLIC

Section 2.4 Who May Witness

A. Any person who, at the time of

execution of the Will, would be competent

to testify as a witness in Court to the facts

relating to execution may be as a witness

to the Will. Subsequent incompetency of

a witness is not a ground for denial of

probate if the execution of the Will is

otherwise satisfactorily proved. The fact

that a witness is a Beneficiary under the

Will does not invalidate the Will or affect

the witness’s right to inherit under it, so

long as the Will is signed and attested

in the presence of the two witnesses.

Isleta Pueblo News

Section 2.5 Choice of Law as to

Execution

A written Will is valid if executed in

compliance with this Probate Ordinance

or if its execution complies with the law of

the place where the Will is executed at the

time of execution, or the law of the place

where the Testator is domiciled at the time

of execution or at the time of death.

Section 2.6 Revocation by Writing or

by Act

A Will or any part thereof is revoked:

(1) By a subsequent valid Will, Codicil,

or other instrument which revokes the

prior Will in whole or in part expressly

or by inconsistency; or

(2) By being burned, torn, canceled,

obliterated, or destroyed, including

all copies, with the intent and for the

purpose of revoking it by the Testator or

by any person in the Testator’s presence

and at the Testator’s direction.

Section 2.7 Revocation by Divorce;

No Revocation by Other Changes of

Circumstances

A. If, after executing a Will, the

Testator is divorced or the Testator’s

marriage is annulled, the divorce or

annulment revokes any disposition

of Property made by the Will to the

former spouse, and any nomination of

the former spouse as executor, trustee,

conservator, or guardian, unless the

Will expressly provides otherwise.

B. Property prevented from passing to

a former spouse because of revocation

by divorce or annulment passes as if

the former spouse failed to survive the

Decedent. If provisions are revoked

solely by this section, they are revived

by Testator’s remarriage to the former

spouse. A decree of separation which

does not terminate the status of husband

and wife is not a divorce for purposes of

this section. No change of circumstances

other than as described in this section

revokes a Will.

Section 2.8 Incorporation by

Reference

B. If executed off of the Reservation

and not in the presence of the Governor

or a Lieutenant Governor, a Will is

not invalidated because signed by an

interested witness; but, unless the

Will is also signed by two disinterested

witnesses, any beneficial provisions of

the Will for a witness or the witness’s

spouse are invalid to the extent that

such provisions in the aggregate exceed

in value what the witness and spouse

would have received had the Testator

died Intestate.

ARTICLE 3

INTESTATE SUCCESSION

C. A witness shall not disclose contents

of a will to a third party unless in an

official capacity for the purpose of

verifying his or her signature on the

will.

Section 3.2 Land Assignment of

Intestate Decedent

Any writing in existence when a Will is

executed may be incorporated by reference

if the language of the Will manifests this

intent and describes the writing sufficiently

to permit its identification.

Section 3.1 Intestate Succession

Any part of the estate of a Decedent not

effectively disposed by a valid Will of such

Decedent passes to the Decedent’s Heirs as

prescribed in the following sections of this

Probate Ordinance.

A. Subject to Subsection B, a Land

Assignment of the Intestate Decedent

shall pass as follows:

Page 3

(1) if Decedent’s surviving spouse is a

Member, to the surviving spouse;

(2) if Decedent’s surviving spouse

is not a Member, but there is/are

one or more minor children of the

household who is/are Member(s), the

eldest surviving child of Decedent

shall inherit the residential Land

Assignment, provided that the

surviving spouse shall retain a

right of occupancy and use of the

residential Land Assignment until all

Member children are emancipated,

and for such period thereafter during

the life of the surviving spouse as

the inheriting child and tribal law,

custom, and tradition may permit

the surviving spouse to occupy the

residential Land Assignment;

(3) if there is no surviving spouse, to

Decedent’s eldest surviving child who

is a Member

(4) if there is no surviving spouse

or Member children of Decedent, to

Decedent’s eldest surviving Issue who

is a Member;

(5) if there is no surviving spouse or

Member children or Issue of

Decedent, to Decedent’s eldest

surviving] sibling who is a Member

(6) if there are no surviving spouse,

children, Issue, or siblings of

Decedent who are Members, to the

eldest relative of Decedent of the

nearest degree of kinship to Decedent

who is a Member; and

(7) if there are no surviving next of

kin who are Members, to the Pueblo.

B. Tribal Court may allow a Land

Assignment to pass to Heirs in a

manner different than that prescribed

in Subsection A, for just cause as

determined by Tribal Court and after

a hearing on the merits, and upon

the issuance of Findings of Fact and

Conclusions of Law by Tribal Court.

Such Findings of Fact and Conclusions

of Law may be appealed. The standard

of review of such an appeal shall be an

arbitrary and capricious, contrary to

law standard.

C. Special

Provisions

for

Land

Assignments Containing a Housing Unit

pursuant to a lease or agreement with

the Isleta Pueblo Housing Authority. In

the event a land assignment containing

a housing unit pursuant to a lease or

program of the Isleta Pueblo Housing

Authority is subject to probate, Tribal

Court shall consider the provisions of

the lease or agreement.

Section 3.3 Share of the Spouse in

Property Other Than Land

Assignments

A. Subject to Subsection B, the

Intestate share of the surviving spouse

in Property of the Decedent other than

Land Assignments is:

Page 4

(1) If there is no surviving Issue or

parent of the Decedent, the entire

Intestate estate;

(2) If there is no surviving Issue but

the Decedent is survived by a parent

or parents, one-half of the Intestate

estate;

(3) If there are surviving Issue all

of whom are Issue of the surviving

spouse also, one-half of the Intestate

estate;

(4) If there are surviving Issue one

or more of whom are not Issue of

the surviving spouse, one-half of the

Intestate estate.

B. Tribal Court may allow property to

pass to Heirs in a manner different than

that prescribed in Subsection A, for just

cause as determined by Tribal Court

and after a hearing on the merits, and

upon the issuance of Findings of Fact

and Conclusions of Law by Tribal Court.

Such Findings of Fact and Conclusions

of Law may be appealed. The standard

of review of such an appeal shall be an

arbitrary and capricious, contrary to

law standard.

Section 3.4 Share of Heirs Other Than

Surviving Spouse

A. Subject to Subsection B, the part

of the Intestate estate not passing to

the surviving spouse under § 3.3 of

this Probate Ordinance, or the entire

Intestate estate if there is no surviving

spouse, passes as follows:

(1) To the Issue of the Decedent;

if they are all of the same degree of

kinship to the decedent they take

equally, but if of unequal degree, then

those of more remote degree take by

representation.

(2) If there are no surviving Issue,

to the Decedent’s parent or parents

equally;

(3) If there is no surviving Issue or

parent, to the Issue of the parents or

either of them by representation;

(4) If there is no surviving Issue,

parent, or Issue of a parent, and the

Decedent is survived by one or more

grandparents or Issue of grandparents,

half of the estate passes to the paternal

grandparents if both survive, or to the

surviving paternal grandparent, or to

the Issue of the paternal grandparents

if both are deceased, the Issue taking

equally if they are all of the same degree

of kinship to the Decedent, but if of

unequal degree those of more remote

degree take by representation; and

the other half passes to the maternal

relatives in the same manner; but if

there be no surviving grandparent

or Issue of grandparent on either the

paternal or the maternal side, the

entire estate passes to the relatives on

the other side in the same manner as

the half.

B. Tribal Court may allow property to

pass to Heirs in a manner different than

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that prescribed in Subsection A, for just

cause as determined by Tribal Court

and after a hearing on the merits, and

upon the issuance of Findings of Fact

and Conclusions of Law by Tribal Court.

Such Findings of Fact and Conclusions

of Law may be appealed. The standard

of review of such an appeal shall be an

arbitrary and capricious, contrary to

law standard.

Section 3.5 No Taker

If there is no taker under the provisions of

this chapter, the Intestate estate passes to

the Pueblo.

Section 3.6 Degree of Kinship

Degree of kinship is computed based on

the number of generations from a common

ancestor to each of the persons whose degree

of kinship is being determined. In the case

of degree of kinship of Decedent’s Issue, the

degree is the number of generations from

Decedent. In the case of kin other than

Decedent’s Issue, the degree is the number

of generations from Decedent’s parents if

they have any surviving Issue or Decedent’s

grandparents if there are no surviving Issue

of parents.

Section 3.7 Representation

If representation is called for by any

provision of this Probate Ordinance, the

estate is divided into as many shares as

there are surviving Heirs in the nearest

degree of kinship and deceased persons in

the same degree who left Issue who survive

the Decedent. Each surviving Heir in the

nearest degree receives one share and the

share of each deceased person in the same

degree is divided among their Issue in the

same manner.

Section 3.8 Posthumous Persons

Persons conceived before the Decedent’s

death but born thereafter inherit as if

they had been born in the lifetime of the

Decedent.

Section 3.9 Kindred of Half Blood;

Stepchildren; Foster Children

Persons of the half blood (i.e., half brother

or half sister) inherit the same share they

would inherit if they were of the whole

blood, but stepchildren and foster children

and their descendants do not inherit,

unless adopted. The Court determines by

a preponderance of the evidence that the

person has been adopted.

Section 3.10 Divorce

Divorces of husband and wife do not

affect the right of children to inherit their

property.

ARTICLE 4 INTESTATE ESTATES

Section 4.1 Petition to Probate

A. When any person dies without a

will and the estate is subject to the

jurisdiction of the Tribal Court under

this Probate Ordinance, any person

claiming to be an heir of the decedent,

may file a petition with the Court to

probate the estate. The petition shall

February 2014

specify the relationship of the Petitioner

to the decedent and contain the names

and addresses of all persons, known to

the Petitioner, who may be entitled to

inherit from the estate.

B. The Court shall schedule an Initial

Probate Hearing within thirty (30) days

of receiving the petition to probate,

notifying the Petitioner and all other

heirs listed in the petition of the date,

time and location of the hearing.

C. Notwithstanding

Tribal

Court

jurisdiction as stated in this Ordinance,

nothing shall prevent the Pueblo of

Isleta Governor from issuing an Order

distributing an estate of a decedent

where all the children and/or heirs, as

determined by Governor based on a

certified family tree provided to Governor

by Pueblo of Isleta Tribal Enrollment

Department, have collectively decided

and agreed upon such distribution. Such

agreement shall be in writing and made

prior to Governor issuing an Order.

Such Order shall be valid and binding

as long as these requirements are met.

The Governor shall then submit the

Order to Tribal Court, who will issue a

final Court Order. In the event that such

agreement cannot be reached, the estate

of the decedent shall be distributed

by Tribal Court as prescribed in this

Ordinance.

D. Notwithstanding

Tribal

Court

jurisdiction as stated in this Ordinance,

nothing shall prevent the Pueblo of

Isleta Governor from issuing an Order

distributing an estate of a decedent

where all the children and/or heirs, as

determined by Governor based on a

certified family tree provided to Governor

by Pueblo of Isleta Tribal Enrollment

Department, have collectively decided

and agreed to have Governor decide

on the distribution of an estate. Such

agreement shall be in writing and

made prior to Governor issuing the

distribution of the estate in an Order.

Such Order shall be valid and binding

as long as these requirements are met.

The Governor shall then submit the

Order to Tribal Court, who will issue a

final Court Order. In the event that such

agreement cannot be reached, the estate

of the decedent shall be distributed

by Tribal Court as prescribed in this

Ordinance.

Section 4.2 Initial Hearing/

Appointment of Administrator

A. At the initial probate hearing the

Court shall hear from the Petitioner

and other heirs and interested parties

present regarding the appointment of

an Administrator. When appointing

an Administrator the Court shall give

priority in the following order to those

seeking appointment:

(1) Surviving spouse of the decedent;

(2) If there is no spouse, or the spouse

declines to serve as the Administrator,

the decedent’s children have equal

priority for appointment;

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(3) If decedent has a deceased child,

the

deceased

child's

surviving

children, also have an equal priority

for appointment;

(4) If there are no spouse or children,

decedent's surviving parents have

equal priority for appointment;

(5) If there are no spouse, children,

or parents, then decedent's brothers

and sisters have equal priority

for appointment (if one or more of

decedent's brothers or sisters has

died, the children of the deceased

sibling(s) also have an equal priority

for appointment);

(6) An interested person may be

appointed as an Administrator if all of

the persons listed above either decline

or are disqualified from serving as

Administrator.

B. A person who has highest or equal

priority to serve as Administrator may

decline to serve and confer his/her relative

priority upon another, nominating him/

her to serve as Administrator, but this

must do so in writing. The Administrator

must be at least 18 years old and not

otherwise disqualified to serve.

C. The Court may appoint up to two (2)

persons to act as Co-Administrators of

the Estate if it is deemed necessary by

the Court.

D. At the initial hearing the Court shall

inform persons seeking to be appointed

as the Administrator of the duties that

must be fulfilled as the Administrator,

including but not limited to, the

following:

(1) Complete and submit a list of heirs

to the Court which includes decedent's

spouse (if any), children, or other

relatives if decedent was not married

and had no children.

(2) Provide notice to all heirs of such

appointment.

(3) Submit to the Court proof

that all heirs were given notice

of

Administrator's

appointment,

including other interested persons

who should be informed of the probate

matter, or who may file a claim against

the Estate.

(4) Complete and submit to the

Court a list of the debts and financial

obligations of the Estate, including all

creditors to whom the decedent owed

money.

(5) Submit to the Court a plan

regarding how and when the debts

of the Estate shall be paid and/or the

actions taken to cure such debts.

(6) Provide notice of the probate matter

to known creditors informing them to

contact the Court if they wish to file a

claim against the Estate.

(7) Complete an inventory and

appraisal of real property which lists

all real property owned by the Estate,

including land and anything attached

Isleta Pueblo News

to the lands. Obtain and include

a survey of the property from the

Pueblo of Isleta Survey and Mapping

Department,

including

a

legal

description, name of person to whom

the land is registered or assigned with

the date of the either registration

or assignment. Submit proof of

ownership of real property listed on

the inventory. Complete an inventory

and appraisal of personal property

listing all personal property owned by

the Estate, which may include bank

accounts, stocks, household effects

and anything else that is not real

property.

(8) Convene a meeting with all

heirs to discuss a proposed plan for

distribution of real and personal

property and make efforts to reach

an agreement for submission to the

Court. If an agreement is reached

all heirs shall sign and notarize the

Proposed Distribution Plan.

(9) Submit to the Court a proposed

plan for distribution of real property,

which may or may not be agreed upon

by all heirs. If all heirs have agreed to

the plan of distribution each heir shall

provide a notarized signature on the

plan.

(10) Submit to the Court a proposed

plan for distribution of personal

property, which may or may not be

agreed upon by all heirs. If all heirs

have agreed to the plan of distribution

each heir shall provide a notarized

signature on the plan.

(11) Submit to the Court proof of public

notice of the pending probate matter,

including at least two (2) notices

published in the pueblo newspaper

stating that the probate matter is

being heard in the Pueblo of Isleta

Tribal Court, the name of the estate,

the date and time of the next hearing

and the address and phone number of

the Isleta Tribal Court.

E. The Court shall inquire as to the

ability of any person seeking to be

appointed as Administrator and whether

or not they are capable of fulfilling the

duties of the administrator.

Section 4.3 Oath of Administrator;

Letter of Administration

A. Upon appointment as Administrator,

the person appointed shall take an oath

to be prescribed by the Court vowing

that he/she will faithfully and honestly

administer the distribution of the

Estate.

B. Upon taking the oath, the Court

shall issue letters of administration

as proof of the appointment. The

letter of administration authorizes the

Administrator to act in any jurisdiction

necessary to settle the estate of the

decedent with or without ancillary

proceedings as allowed or required

by any foreign jurisdiction in which

decedent may have property.

Page 5

Section 4.4 Review Hearing.

A. The Court shall schedule a Review

Hearing at least forty-five (45) days after

the Initial Hearing, and as necessary

thereafter, to determine whether the

Administrator has completed all duties

and requirements.

B. The Court shall review all forms

contained in the Probate Packet,

review receipts and documents showing

that debts have been paid; review

documentation related to real and

personal property; and review any

proposed plans for distribution.

C. The Court shall hold evidentiary

hearings as necessary to take testimony

and review evidence regarding issues in

dispute. Any person having an interest

in decedent’s estate must notify the

Court in writing within sixty (60) days

after the Estate has been admitted to

probate. The right to contest a probate

matter shall be waived if not timely filed

with the Court. In the event of a Will

contest, the Court shall take no further

action with respect to the probate of

the estate, but shall schedule a hearing

to hear testimony from all persons

contesting the Will.

D. The Court shall ensure that two (2)

notices have been published in the local

newspaper notifying any unknown

heirs or parties of the pending probate

matter. The notice must adhere to the

format prescribed by the Court.

Section 4.5 Final Probate Hearing/

Distribution of the Estate

A. The Court shall schedule a Final

Probate Hearing at least sixty (60) days

after the

initial notice is published in the

local newspaper and when it is

determined that the Administrator has

satisfactorily completed all duties and

that the Estate is ready for distribution.

At the final hearing the Court shall

review the Probate Packet and hear

from the Administrator and/or other

heirs or interested parties regarding

distribution of the Estate. If the Court

determines that all heirs have reached

an agreement as to distribution of the

estate, a final order shall be issued as

such.

B. If the Administrator has been unable

to facilitate an agreement among the

heirs as to distribution of the Estate

the Court shall take testimony and/or

review evidence regarding the property

in dispute. The Court may either make a

determination at this hearing or reserve

ruling and schedule another hearing at

which time the Court shall deliver its

decision.

C. Upon issuance of the Final Probate

Order the matter shall be closed and

the Administrator relieved of his/her

duties upon the filing of receipts and

an affidavit showing the estate is fully

distributed.

Page 6

ARTICLE 5 PROBATE OF WILLS

Section 5.1 Petition to Probate a Will.

A. The Executor of an Estate designated

in a will or persons named in a will

(devisees) may petition the Court to

probate the Will of a decedent if any of

the following situations exists:

(1) A devisee (person named in a will)

contests the validity of the Will.

(2) All of decedent’s property was not

addressed in the Will.

(3) The Estate includes life insurance

policies, retirement funds or certain

savings accounts, for which the named

beneficiaries have predeceased the

decedent or beneficiaries were not

named.

(4) Creditors exist that must be paid

outside of what is legally stated in the

Will.

B. The petition shall list the names

and contact information for all devisees

named in the Will and heirs not named

in the Will. A copy of the Will shall be

attached to the petition.

C. The Court shall schedule an Initial

Probate Hearing within thirty (30) days

of the filing of the petition and shall

notify all devisees and heirs listed in the

petition of the date, time, and location of

the hearing.

Section 5.2 Initial Hearing/

Endorsement of Administrator

A. The Court shall review the Will

to determine whether the person

designated in the Will as Executor is able

to fulfill the duties of Administrator.

B. If the named Executor is unable to

fulfill the duties of Administrator or is

deceased the Court shall give priority

in the following order to those seeking

appointment:

(1) Surviving spouse of the decedent;

(2) If there is no spouse, or the spouse

declines to serve as the Administrator,

the decedent's children have equal

priority for appointment;

(3) If decedent has a deceased child,

the

deceased

child's

surviving

children, also have an equal priority

for appointment;

(4) If there are no spouse or children,

decedent's surviving parents have

equal priority for appointment;

(5) If there are no spouse, children,

or parents, then decedent's brothers

and sisters have equal priority

for appointment (if one or more of

decedent's brothers or sisters has

died, the children of the deceased

sibling(s) also have an equal priority

for appointment);

(6) An interested person may be

appointed as an Administrator if all of

the persons listed above either decline

or are disqualified from serving as

Administrator.

Isleta Pueblo News

5.3 Oath of Administrator/Letters

Testamentary

A. Upon

appointment

as

Administrator, the person appointed

shall take an oath, to be prescribed

by the Court, vowing that he/she will

faithfully and honestly administer

the distribution of the Estate.

B. The Court shall issue Letters

Testamentary

authorizing

the

Administrator to act in any

jurisdiction necessary to settle

the Estate of the decedent with or

without ancillary proceedings as

allowed or required by any foreign

jurisdiction in which decedent may

have property.

5.4 Duties of the Administrator

The Court shall explain to the Administrator

the process to be followed and duties to be

completed, including the following:

(1) Provide notice of such appointment

to all devisees and heirs of decedent.

(2) Submit proof that all devisees and

heirs were given notice of the probate

matter and Administrator’s appointment.

(3) Complete and submit to the Court a

list of the debts and financial obligations

of the estate, including all creditors to

whom the decedent owed money.

(4) Submit to the Court a plan

regarding how and when the debts of the

estate shall be paid and/or the actions

taken to cure such debts.

(5) Provide notice of the probate matter

to known creditors informing them to

contact the Court if they wish to file a

claim against the Estate.

(6) Complete an inventory and

appraisal of real property which lists

all real property owned by the Estate,

including land and anything attached to

the land. Obtain and include a survey

of the property from the Pueblo of Isleta

Survey and Mapping Division, including

a legal description, name of person to

whom the land is registered, and date it

was assigned.

(7) Complete an inventory and

appraisal of personal property listing all

personal property owned by the estate,

which may include bank accounts,

stocks, household effects and anything

else that is not real property.

(8) Submit to the Court a list of any

real property not included in the Will,

with a Proposed Plan for Distribution. If

all devisees and/or heirs have agreed to

the plan of distribution each person shall

provide a notarized signature on the

plan.

(9) Submit to the Court a list of

any personal property not included

in the Will, with a Proposed Plan for

Distribution. If all devisees and/or heirs

have agreed to the plan of distribution

each person shall provide a notarized

signature on the plan.

February 2014

(10) Submit to the Court proof of

public notice of the pending probate

matter, including at least two (2) notices

published in the pueblo newspaper

stating that the probate matter is being

heard in the Pueblo of Isleta Tribal

Court, the name of the estate, the date

and time of the next hearing and the

address and phone number of the Isleta

Tribal Court.

Section 5.5 Proving, Contesting and

Admitting Will

A. Proof of Will

(1) At the initial hearing the

Administrator or any devisee may

prove and admit the Will by presenting

one or more witnesses to the Will

to testify or filing the affidavit of an

attesting witness, which identifies

such Will as being that which the

Decedent executed and declared to be

their 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.

B. Contesting the Will

(1) At any time within sixty (60) days

after a Will has been admitted to

probate and notice published in the

local newspaper, any person having

an interest in the decedent’s estate

may contest the validity of the Will.

If all persons having an interest in

Decedent’s estate consent, or if no

contest is timely filed, the right of

contest shall be waived. In the event

of a Will contest, the Court shall

take no further action with respect

to the probate of the estate, but shall

schedule a hearing to hear testimony

from all persons contesting the Will.

(2) The Court shall hear testimony

and review evidence at the 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 or witnesses.

C. Admission of Contested Will to

Probate

Upon considering all testimony and evidence

concerning the Will, the Court shall enter an

order affirming the admission of the Will or

rejecting such Will. If admission of the Will

is affirmed the Court shall issue an order so

stating. However, if the Will is rejected the

Court shall issue an order stating that the

probate of decedent’s estate shall proceed

as if the decedent died without executing

the Will (intestate).

February 2014

Section 5.6 Review Hearing

A. The Court shall schedule a Review

Hearing at least forty-five (45) days after

the Initial Hearing, and as necessary

thereafter, to determine whether the

Administrator has completed all duties

and requirements.

B. The Court shall review all forms

contained in the Probate Packet,

review receipts and documents showing

that debts have been paid; review

documentation related to any real and/

or personal property not addressed

in the Will; and review any proposed

plans for distribution of property not

addressed in the Will.

C. The Court shall hold evidentiary

hearings as necessary to take testimony

and review evidence regarding issues in

dispute. Any person having an interest

in decedent’s estate must notify the

Court in writing within sixty (60) days

after the Estate has been admitted to

probate. The right to contest a probate

matter shall be waived if not timely

filed with the Court. In the event that

the Will is contested, the Court shall

take no further action in the probate

matter and shall schedule a hearing

to hear testimony and review evidence

from persons contesting the Will.

Isleta Pueblo News

notifying any unknown heirs or parties of

the pending probate matter. The notice must

adhere to the format prescribed by the Court.

Section 5.7 Final Probate Hearing

A. The Court shall schedule a Final

Probate Hearing when it appears that

an estate is ready to be distributed. The

Court shall order distribution according

to the Will or the rules of Intestate

succession, whichever is applicable, and

according to the rules set forth in this

Probate Ordinance.

B. The Estate shall be closed and the

Administrator of the Estate released

from any further duties upon filing an

affidavit stating that the Estate was

fully administered. As used herein,

Personal representative includes an

Administrator and Executor.

Section 5.8 Property Discovered After

Estate Closed

An estate may be reopened whenever

necessary to dispose of a Decedent's

Property discovered after their estate

has been closed. The Court shall order

distribution of the Property to the person

or persons entitled thereto after making

whatever orders appear necessary to assure

a just participation of the after discovered

property in the expenses of the estate.

Page 7

ARTICLE 6 MISCELLANEOUS

Section 6.1 Applicability Clause

This Ordinance shall not apply to wills

made prior to enactment. This Ordinance

shall not apply to estates already lawfully

probated. This Ordinance shall not apply to

estates currently in probate.

Section 6.2 Severability Clause

If any section, sentence, or article of

this Ordinance is deemed invalid or

unconstitutional, the remainder of the

Ordinance will be held valid and consistent

with the laws of the Pueblo of Isleta.

Section 6.3 Amendment Clause

The Pueblo of Isleta Tribal Council

reserves the right to amended or modify

this Ordinance at any time when deemed

necessary by the approval of the Tribal

Council.

Section 6.4 Repealer Clause

A. Section 1.1.22 of Retained Sections of

1965 Law and Order Code pursuant to

Pueblo of Isleta Tribal Council Resolution

No. 2008-192 is repealed as effective law.

B. Section 1.1.71 of Retained Sections of 1965

Law and Order Code pursuant to Pueblo of

Isleta Tribal Council Resolution No. 2008192 (“Five Year Statute of Limitation for

Civil Cases”) shall not apply to Probate

proceedings authorized by this Ordinance.

The Court shall ensure that two (2) notices

have been published in the local newspaper

Draft Version for Public Scoping Approved by Tribal Council on 1/31/14

PUBLIC NOTICES The below are SECOND NOTICES.

They will again be published in the March, 2014 Tribal Newsletter as SECOND NOTICES.

A Petition to Probate the Estate of Eva

Lucero, deceased on July 21, 2013, Case

No. CV-PR-0893, has been filed in the Pueblo

of Isleta Tribal Courts. Any person claiming an

interest in the Estate is hereby requested to

notify the Pueblo of Isleta Tribal Court Clerk

within thirty (30) days from the date of this

notice being posted. A hearing for this matter

has been scheduled for Thursday, March 6,

2014 at 9:00 AM.

requested to notify the Pueblo of Isleta Tribal

Court Clerk within thirty (30) days from the

date of this notice being posted. A hearing in

this matter has been scheduled for April 7,

2014 at 2:15 PM.

Claims must be filed in writing with the Isleta

Tribal Court Clerk. If you have any questions,

please contact the Tribal Court Clerk at (505)

869 — 9699.

Claims must be filed in writing with the Isleta

Tribal Court Clerk. If you have any questions,

please contact the Tribal Court Clerk at (505)

869 — 9699.

A Petition to Probate the Estate of Bartolo

Lujan, deceased October 24, 2009, Case

No. CV-PR-0568-2012, has been filed in the

Pueblo of Isleta Tribal Courts. Any person

claiming an interest in the Estate is hereby

requested to notify the Pueblo of Isleta Tribal

Court Clerk within thirty (30) days from the

date of this notice being posted. A hearing in

this matter has been scheduled for April 4,

2014 at 3:45 PM.

A Petition to Probate the Estate of Ernesto

Carlos Jaramillo, deceased March 3, 1984,

Case No. CV-PR-0906-2013, has been filed in

the Pueblo of Isleta Tribal Courts. Any person

claiming an interest in the Estate is hereby

requested to notify the Pueblo of Isleta Tribal

Court Clerk within thirty (30) days from the

date of this notice being posted. A hearing in

this matter has been scheduled for April 7,

2014, at 1:30 PM.

Claims must be filed in writing with the Isleta

Tribal Court Clerk. If you have any questions,

please contact the Tribal Court Clerk at (505)

869 — 9699.

A Petition to Probate the Estate of Mary C.

Lujan, deceased August 18, 2013, Case

No. CV-PR-0912-2013, has been filed in the

Pueblo of Isleta Tribal Courts. Any person

claiming an interest in the Estate is hereby

Claims must be filed in writing with the Isleta

Tribal Court Clerk. If you have any questions,

please contact the Tribal Court Clerk at (505)

869-9699.

A Petition to Probate the Estate of Rey

Louis R. Chiwewe, deceased January 13,

2013, Case No. CV-PR-0918-2013, has been

filed in the Pueblo of Isleta Tribal Courts.

Any person claiming an interest in the Estate

is hereby requested to notify the Pueblo of

Isleta Tribal Court Clerk within thirty (30) days

of this notice being posted. A hearing in this

matter has been scheduled for April 7, 2014

at 3:00 PM.

Claims must be filed in writing with the Isleta

Tribal Court Clerk. If you have any questions,

please contact the Isleta Tribal Court Clerk at

(505) 869-9699.

A Petition to Probate the Estate of Julianita

Roberta Zuni, deceased October 18, 2013,

Case No. CV-PR-0924-2013, has been filed

in the Pueblo of Isleta Tribal Courts. Any

person claiming an interest in the Estate is

hereby requested to notify the Pueblo of Isleta

Tribal Court Clerk within thirty (30) days of this

notice being posted. A hearing in this matter

has been scheduled for March 31, 2014 at

3:30 PM.

Claims must be filed in writing with the Isleta

Tribal Court Clerk. If you have any questions,

please contact the Isleta Tribal Court Clerk at

(505) 869 — 9699.

A Petition to Probate the Estate of Marlene

Anzara, deceased on November 21, 2010,

Case No. CV-PR-0193-2019, has been filed

in the Pueblo of Isleta Tribal Courts. Any

person claiming an interest in the Estate is

hereby requested to notify the Pueblo Tribal

Court Clerk within thirty Days of this notice

being posted. A hearing in this court date is

pending.

Claims must be filed in writing with the Isleta

Tribal Court Clerk. If you have any questions,

please contact the Tribal Court Clerk at (505)

869 — 9699.

Page 8

Isleta Pueblo News

February 2014

Tiwa Lending Services is Recruiting

New Board Members (TLS)

Are you interested in becoming a board member of Tiwa Lending Services?

Who is Tiwa Lending Services?

Tiwa Lending Services (“TLS”) is a non-profit Native Community

Development Financial Institution (CDFI) whose mission is to

promote community development and the economic growth of the

Isleta Pueblo community by creating homeownership and small

business opportunities for the Isleta Pueblo community and other

Native Americans living within the surrounding communities.

TLS’s Board of Directors consist of 5 persons. Directors

consist of two community members and three professional

members preferably with financial, lending or business

backgrounds. Board members must meet at least one of the

following criteria: 1) be Native American, 2) live or work

in the Isleta Pueblo community service area, or 3) own a

business in the Isleta Pueblo community service area.

Description of Board Duties

The Board of Directors serves as the governing body of TLS. Board

members will serve 2 year terms. The Board meets monthly.

Board members have the following roles and responsibilities:

1.

Uphold the bylaws of the TLS.

2.

Define and oversee the mission of TLS and ensure that this

mission is carried out.

3.

Ensure that the events and programs of TLS are relevant to

its mission and monitor their effectiveness.

4.

Provide strategic guidance to TLS.

5.

Ensure financial solvency and help raise resources.

6.

Ensure continuous board improvement. Each member of

the board shall commit to the following:

• Fully attend all meetings of the board.

• Serve on one or more committees.

• Understand board member roles and responsibilities

and become sufficiently knowledgeable about TLS and its

operations to make informed decisions.

• Read all materials sent to the board and come prepared

to provide meaningful dialogue at all board and committee

meetings.

• Arrive at meetings on time and stay for the full agenda

unless notification is provided in advance to the board or

committee chair.

• Ask for clarification on any matters or material not

understood before making a decision.

• Listen carefully and respectfully to other board members

and staff with objectivity.

• Actively support the policies and goals adopted by the board,

speaking with one unified voice.

• Act as a liaison between the TLS and the community.

Specific Board members will serve as overseers of the following:

1. Overseer of Financial Management – The overseer of TLS’s

financial management system. This Board member shall work

with the sub-committee to develop and manage an annual

budget.

2. Leader of Public Relations –This Board member will oversee

the development of all print, web, radio, and multi-media

materials pertinent to the TLS and the events it sponsors.

This board member is responsible for ensuring that all public

relations material upholds the mission and standards of TLS.

3. Overseer of Fundraising – This board member will oversee

fundraising efforts. They will help recruit and retain members

for the fundraising committee and will help manage TLS’s

fundraising database, manage the creation and content of

fundraising material and ensure that organization supporters

are recognized for their contributions.

4. Overseer of Events – This board member will oversee

community events and work with committee event chairs to

ensure that the overall message of the event is consistent with

the mission of TLS. This board member will also actively

work with the communities and other organizations to recruit

partnerships for new events.

5. Board and Committee Recruitment – This board member

will oversee the recruitment of new volunteers and board

members.

Board members will be expected to attend training on Native

Lending institutions and lending.

If you are interested in serving as a board member please

send a letter of interest and resume to the Pueblo of Isleta

Governor’s Offices or by mail, in person, facsimile or

electronic mail to:

Sheila D. Herrera, Executive Director

Tiwa Lending Services

P.O. Box 1270

Isleta, N.M. 87022

sheila@tiwalending.org

(505) 916-0556

Facsimile: (505) 869-7596

POI Veterans Association

REMINDER - The next POIVA meeting will be

on Wednesday, 19 February 2014, at 6:00 PM at

the Recreation Center. We want to thank Rick

Giron for permitting the POIVA to use the Rec as

a meeting place.

The POIVA, as all should know by now, has submitted a capital

outlay proposal to the NM State Legislature. We are seeking funds

for planning and construction of a Veteran’s Center at our field in

Los Charcos. Monday, 17 February 2014 is Veterans’ Day at the

Capital in Santa Fe. We’ll be there talking to our representatives

and hoping that they will be kind and will forward some funds for

our project.

If you are an honorably discharged Veteran, you may join the

POIVA. Annual dues for first time members are free … but as

always and forever …. Donations are always accepted.

For any questions … call Ulysses (Adjutant) at 307-1582.

Isleta Pueblo News

Editor:

Ulysses Abeita

Asst. Editor:

Beverly Piro

Published By:

Valencia Express