11.01.030 Order of Succession

When any person having title to any estate not otherwise limited by marriage contract dies without disposing of the estate by will, it is succeeded to and must be distributed, unless otherwise expressly provided in this Code, subject to the payment of his debts, in the following manner:

(a) If the decedent leaves a surviving spouse and only one (1) child or the lawful issue of a deceased child, the estate goes one-half to the surviving spouse and one-half to the child or issue. If the decedent leaves a surviving spouse and more than one (1) child living, or one (1) child living and lawful issue of one (1) or more deceased children, the estate goes one-half to the surviving spouse and the remainder in equal shares to his children and to the lawful issue of any deceased child, by right of representation. If the decedent leaves no surviving spouse, but leaves issue, the whole estate goes to such issue and if such issue consists of more than one (1) child living, or one (1) child living and the lawful issue of one (1) or more deceased children, then the estate goes in equal shares to the children living or the child living, and the issue of the deceased child or children by right of representation;

(b) If the decedent leaves no issue and the estate does not exceed fifty thousand dollars ($50,000) in value, all the estate goes to the surviving husband or wife. If the estate exceeds fifty thousand dollars ($50,000) then the first fifty thousand dollars ($50,000) goes to the survivor, who shall have the right of selecting the same, and of all property in excess of fifty thousand dollars ($50,000) in value, one-half goes to the surviving husband or wife, and the other half goes to the decedent' father and mother in equal shares, and if either is dead the whole goes to the other, but if neither survive then such portion goes in equal shares to the brothers and sisters of the decedent, and to the children and grandchildren of any deceased brother or sister by right of representation. If the decedent leaves no issue, nor husband nor wife, the estate must go to his father and mother in equal shares or, if either is dead, then to the other;

(c) If there be no issue, nor husband, nor wife, nor father, nor mother, then in equal shares to the brothers and sisters of the decedent, and to the children or grandchildren of any deceased brother or sister by right of representation;

(d) If the decedent, who was an only child, leave a surviving husband or wife, and no issue, and no father, nor mother, the whole estate goes to the surviving husband or wife;

(e) If the decedent leaves no issue, nor husband, nor wife, and no father, nor mother, nor brother, nor sister, nor decedents of a deceased brother or sister, the estate must go to the next of kin, in equal degree, excepting when there are two (2) or more collateral kindred in equal degree, but claiming through different ancestors. Those claiming through the nearest ancestors must be preferred to those claiming through an ancestor more remote;

(f) If there is no one capable of succeeding under the previous subdivisions of this section, the property of the decedent escheats to the Turtle Mountain Tribe, to be used or disposed of for the benefit of the tribe as a whole.