21.1.3.010 Petition for Administrator or Executor.

(a) Immediately upon the death of a member of the Pueblo of San Ildefonso and prior to appointment of the executor or administrator, the Court shall have authority to seal the estate, including all belongings and property, of the decedent, and to appoint a caretaker to take possession and control of the property of the decedent, and to care for and maintain the property.

(b) Any person claiming to be the heir of any member of the Pueblo of San Ildefonso or any other person residing on the Pueblo of San Ildefonso or surviving spouse of the decedent, surviving children, creditors, or the Pueblo may file a petition for the appointment of an executor, if there is a will, or administrator of the estate with the Clerk of the Trial Court. All procedures shall be conducted accordance with the Civil Procedures of this Code.

(c) The Court shall thereupon appoint an administrator or executor of the estate who shall take possession and control of the property of the decedent from the caretaker until the administration of the estate has been completed and he has been discharged by order of the Court.

(d) It shall be the duty of the executor or administrator to preserve and protect the property for the benefit of the estate and heirs.

(e) Upon petition of the caretaker, administrator or executor, the Court may authorize the unsealing of the estate, including all belongings and property, for the purposes of a traditional give-away under the customs of the Pueblo of San Ildefonso; however, only persons designated by the decedent or eligible under Pueblo custom and tradition shall be eligible to take.

(f) Reasonable maintenance may be authorized by the Court to any surviving spouse or surviving minor children pending settlement of the estate.

(g) The caretaker, administrator or executor shall petition the Court for the appointment of guardians for any minor children or any person deemed to be incompetent who may be probable heirs or devisees of the decedent.