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Title 24 Probate

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Title 24 Probate TITLE 24. PROBATE LAW CHAPTER 1. PROBATE COURT—ADMINISTRATIVE PROVISIONS 24 M.P.T.L. ch. 1 § 1 § 1. Name This law shall be known as the Mashantucket Pequot Tribal Probate Code. 24 M.P.T.L. ch. 1 § 2 § 2. Establishment of the Probate Court There is hereby established a division of the Mashantucket Pequot Tribal Court to be known as the Probate Court (hereinafter the Probate Court), which shall have jurisdiction over all inheritance and probate matters arising within the Mashantucket Pequot Tribe Reservation and all dependent tribal communities (hereinafter "tribal lands"), and inheritance and probate related matters involving or pertaining to tribal members and their families who receive benefits and services from the Tribe. 24 M.P.T.L. ch. 1 § 3 § 3. General Index A general index shall be kept in the Probate Court of the records of all estates which have been or are pending, in which shall be entered the name of each such estate and the date and character of each proceeding in the Probate Court. 24 M.P.T.L. ch. 1 § 4 § 4. Records The records and files of the Probate Court shall be kept in a fire-resistant safe cabinet, except when the records and files are in actual use for the purpose of examination, recording, copying, or entry, or when the records and files, after being recorded or copied, are placed in storage as records and files not in current use. 24 M.P.T.L. ch. 1 § 5 1 § 5. Certification of Records and Files The records and files of the Probate Court may be certified by the judge or clerk of the court, any one of whom is authorized to use and affix the seal of the court. All such certified copies of records and files, with or without the seal of the court, shall be legal evidence, all orders, judgments and decrees of the Probate Court, rendered after notice and from which no appeal is taken, shall be conclusive and shall be entitled to full faith, credit and validity and shall not be subject to collateral attack, except for fraud. CHAPTER 2. PROBATE COURT—JURISDICTIONS, POWERS 24 M.P.T.L. ch. 2 § 1 § 1. General Powers The Probate Court shall have the power to: a. grant administration of intestate estates of any person who has died domiciled on tribal lands; b. admit wills to probate of any person who has died domiciled on tribal lands; c. except as limited by an applicable statute of limitations, determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes, or may constitute, all or part of any trust, any decedent's estate, or any estate under control of a guardian or conservator, which trust or estate is otherwise subject to the jurisdiction of the Probate Court, including the rights and obligations of any beneficiary of the trust or estate and including the rights and obligations of any joint tenant with respect to survivorship property; d. construe the meaning and effect of any will or trust agreement if a construction is required in connection with the administration or distribution of a trust or estate otherwise subject to the jurisdiction of the Probate Court, or, with respect to an intervivos trust, if that trust is or could be subject to jurisdiction of the court on request for an accounting pursuant to Chapter 3, Section 26, provided such an accounting need not be required; e. to the extent provided for in Chapter 3, Section 26, call executors, administrators, trustees, guardians, conservators, persons appointed to sell the land of minors, and attorneys-in-fact acting under powers of attorney created in accordance with Chapter 9, Section 1, to account concerning the estates entrusted to their charge; and f. make any lawful orders or decrees to carry into effect the power and jurisdiction conferred upon them by the laws of the Mashantucket Pequot Tribal Nation (hereinafter "Tribe"). 2 CHAPTER 3. PROBATE COURT—PROCEDURES 24 M.P.T.L. ch. 3 § 1 § 1. Entry Fees There shall be no entry fees for any proceeding to the Probate Court. 24 M.P.T.L. ch. 3 § 2 § 2. Miscellaneous Costs The Probate Court may charge a fee for recordings, notices, service of process and certified copies. 24 M.P.T.L. ch. 3 § 3 § 3. Payment of Costs, Fees and Expenses a. The costs, fees and expenses provided for in connection with proceedings under Section 2 of this Chapter with respect to a decedent's estate shall be paid for by the executor, administrator, or if there is no such fiduciary, by a transferee. b. The costs, fees and expenses provided for in connection with proceedings under Section 2 of this Chapter with respect to an accounting shall be paid by the trustee, guardian, conservator or other fiduciary. c. The costs, fees and expenses provided for in connection with proceedings under Section 2 of this Chapter commenced on motion of the Probate Court shall be paid by the party against whom such costs are assessed by the court. d. In all other cases, the petitioner shall pay the costs, fees and expenses unless otherwise provided by law. 24 M.P.T.L. ch. 3 § 4 § 4. Giving of Orders of Notice Any order of notice of a hearing in any proceeding in, or matter pending before, the Probate Court, which is required by law to be given to interested persons, may be made by the judge, or the clerk of court. 24 M.P.T.L. ch. 3 § 5 3 § 5. Manner of Notice to be Fixed by Order of Court The Probate Court may make any proper order for notice to be given to any person residing out of or absent from tribal lands and, except as otherwise provided, to any person within the tribal lands to whom particular notice of any proceeding before such court is required by law. The notice given under the order shall be a legal notice to such person. 24 M.P.T.L. ch. 3 § 6 § 6. Giving of Public Notice a. Whenever public notice is required in any proceeding in, or matter pending before, the Probate Court, except as provided in Sections 4 to 7 of this chapter, inclusive, such notice shall be by publication in a newspaper of general circulation in the area, but not The Pequot Times, the length of time which the court directs. The court may prescribe such further notice as it deems requisite. b. Notwithstanding subsection (a) of this Section, notice by publication is not required if actual notice is received by all parties interested in a matter or proceeding unless such notice is requested by an interested party or is required by the court. 24 M.P.T.L. ch. 3 § 7 § 7. Special Notice to be Given on Written Request a. Any person who is interested in any estate, trust or other matter pending in any Probate Court, or who is interested in any application that may be made to any Probate Court for the probating of a will or the granting of administration, may, in person or by attorney, file with the court a written request for special notice to be given to him or his attorney of any application to the court and of any order passed by the Probate Court in such estate, trust or other matter. The request shall state the estate, trust or other matter, cause or proceeding of which notice is desired and the post-office address of the person desiring the notice. Thereupon the Probate Court shall give notice to such person or his attorney of any hearing in such estate, trust or other matter at least seven days before the time assigned for the hearing, in whatever manner the court finds to be reasonable under the circumstances. b. Any request for a special notice in the matter of probating a will or granting administration, before any application is made therefor, shall be obligatory upon the Court for a period of 30 days from the date of filing the same. 24 M.P.T.L. ch. 3 § 8 4 § 8. Reconsideration, Modification or Revocation of Order or Decree a. Except as provided in subsection (e) of this Section, any order or decree made by Probate Court ex parte may, in the discretion of the court, be reconsidered and modified or revoked by the court. Reconsideration may be made on the court's own motion or, for cause shown satisfactory to the court, on the written application of any interested person. Such motion or application shall be made or filed before any appeal has been allowed or after withdrawal of all appeals which have been allowed. For the purposes of this Section, an ex parte order or decree is an order or decree entered in a proceeding of which no notice is required to be given to any party and no notice is given. b. Except as provided in subsections (a) and (e) of this Section, any order or decree other than a decree authorizing the sale of real estate made by the Probate Court may, in the discretion of the court, be reconsidered and modified or revoked by the court, on the court's own motion or on the written application of any interested person. Such application shall be made or filed within 120 days after the date of such order or decree and before any appeal is allowed or after withdrawal of all appeals. The court may reconsider and modify or revoke any such order or decree for any of the following reasons: (1) for any reason, if all parties in interest consent to reconsideration, modification or revocation; (2) for failure to provide legal notice to a party entitled to notice under law; (3) to correct a scrivener's or clerical error; (4) upon discovery or identification of parties in interest unknown to the court at the time of the order or decree.
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