1.32.020 Findings, Purpose and Objectives

(a) Findings.

(1) The Bad River Tribal Council Tribal Council finds that probate procedure in the Bad River Tribal Court is in the best interest of Tribal members in that probate may be concluded more economically and more expeditiously in the Bad River Tribal Court by other jurisdictions.

(2) Furthermore, the determination of how property is disposed upon a person's passing is an exercise of self-governance crucial to the Band's sovereignty.

(b) Purpose. This Probate Code will provide for the exercise of the greatest possible Tribal jurisdiction over probate of the estate of decedents who were domiciled or owned real or personal property on the Bad River Reservation.

(c) Objectives. 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 Band's inherent right of self-governance.