The purpose of this Chapter
450, Probate, is to create a tribal law providing summary procedures for transfer of property upon death.
In case of the death of an employee to whom wages are due, the
full amount of the wages due shall upon demand be paid by the employer
to the spouse if living, or, if the spouse is not living, to a child
of the employee, or, in the case of a minor child, to said minor's
parent or guardian. The making of payment in the manner described
in this subsection shall discharge and release the employer to the
amount of the payment.
If a person dies who immediately prior to death had an estate
for life or an interest as a joint tenant in any property, other than
a lease, the court shall issue a certificate, under the seal of the
court. The certificate shall set forth the fact of the death of the
life or joint tenant, the termination of the life estate or joint
tenancy interest, the right of survivorship of any joint tenant and
any other facts essential to a determination of the rights of persons
interested. The certificate is prima facie evidence of the facts recited,
and if the certificate relates to an interest in real property or
to a debt that is secured by an interest in real property, a certified
copy or duplicate original of the certificate shall be recorded by
the petitioner in the office of the register of deeds in each county
in this state in which the real property is located.
The rights of creditors contained in this chapter apply only
to, and authorize action only in, Menominee Tribal Court.
If a decedent's property is not eligible for transfer under this chapter, or if, upon request by petition of an interested person, the Tribal Court determines that the interest of justice requires it, the decedent's property may be transferred pursuant to Tribal Court order made in accordance with the probate laws of the State of Wisconsin pursuant to §
120-50 of the Menominee Tribal Code. In no event, however, shall leases eligible for transfer pursuant to Chapter
451 be subject to transfer under this section.