21.2.1.020 Descent and Distribution.

In the event there is no will admitted to probation and there is no Pueblo custom or ordinance to the contrary recognized by the Court, the estate shall be distributed by order of the Court as follows:

(a) If a husband or wife survives and there is no issue over the age of eighteen (18) years, the husband or wife shall take the entire estate.

(b) If a husband or wife survives and an issue over the age of eighteen (18) survives, the surviving husband or wife shall take one-half (1) and the balance is divided equally among the surviving issue over the age of eighteen (18) years.

(c) Issue is any direct descendent of deceased person, whether child, grandchild, great-grandchild or more remote descendent.

(d) If no husband or wife survives, the surviving children will take the entire estate in equal shares.

(e) If neither husband or wife or issue survives, the parents of the decedent will take all of the estate, sharing it equally if both survive or the survivor taking all if but one (1) survives.

(f) If no spouse, issue or father or mother survives, the brothers and sisters shall inherit in equal shares, except that if pre-deceased brothers and sisters left issue, the issue shall share equally in the interest of their predeceased parent.

(g) If no spouse, issue, father or mother, brother or sister or nephew or niece or decedent survives the estate shall escheat or pass to the Pueblo of San Ildefonso.

(h) An illegitimate child shall inherit from his mother the same as if born in lawful wedlock and shall inherit also from the person who, in writing and before a competent attesting witness, shall have declared himself to be his father or found to be the father in a paternity suit.

(i) Adoptive children and parents shall share in the same manner as natural children and parents.

(j) Family heirlooms, artifacts, articles or traditional or religious significance may be funeral gifted by or shall descend to the closest enrolled San Ildefonso male relative by blood of a paternal decedent and to the closest enrolled San Ildefonso Pueblo female relative by blood of a maternal decedent.

(k) Any person who pleads guilty to or is convicted of homicide or murder of the first or second degree of the decedent, under any state or federal law, shall not be eligible to inherit any part of the decedent's estate under this Code by law, Pueblo custom or will of the decedent, and all property, including any trust property that must pass will escheat to the Tribe if there are no other heirs at law.