Section PRP.04.01 — Purpose

(a) The following title shall hereinafter be referred to as the Probate Code. The objective of the Probate Code is to provide for the exercise of the greatest possible tribal jurisdiction over the probate of the estate of decedents who were domiciled or owned real or personal property on the Stockbridge-Munsee Community Indian Reservation. The Stockbridge-Munsee Tribal Council finds that probate procedure in the Stockbridge-Munsee Tribal Court is in the best interest of tribal members in that probate may be concluded more economically and more expeditiously than by other jurisdictions. Furthermore, the determination of how property is disposed upon a person's death is an exercise of self-governance crucial to tribal sovereignty.

(b) This code shall be liberally construed and applied to meet the following objectives:

(1) To ensure that the property of decedents passes to the rightful heirs or beneficiaries.

(2) To comply with the decedent's wishes as much as possible.

(3) To comply with tribal custom and tradition.

(4) To provide a simple, efficient and inexpensive method for probating decedent's property.

(5) To prevent the transfer of land out of tribal ownership and control.

(6) To ensure that the rights of creditors of decedents are protected to the extent possible and fair.

(7) To promote and further the tribe's inherent right to self-governance.