A Navajo Nation Probate Guide explains what happens to family land after a death

A family member's property and belongings must be legally transferred to the rightful heirs after a death, through a legal process called probate, a Navajo Nation Probate Guide says.

An estate includes the property and rights belonging to a deceased person, the guide says, listing homesite leases, vehicles, personal property, grazing permits and livestock as examples.

Which case a family files depends on how much time has passed. Probate is generally used when the petition is filed within five years after the decedent passed away, the guide says. Quiet title is generally used when the petition is filed after five years have passed.

If there is a will, the person named in the will may handle the estate. If there is no will, the court determines the heirs according to Navajo Nation law.

To file a probate petition with the Navajo Nation District Court, a petitioner typically needs the full name of the deceased, the date of death, a certified death certificate, the names and addresses of family members and heirs, and a Certificate of Indian Blood for all individuals named in the petition. Copies of homesite leases, permits or other property documents are also needed, along with a filing fee of $35 by money order.

Once a petition is filed, family members and heirs must be notified, which may occur through service or publication, and a court hearing may be scheduled. If the court approves the case it issues a final probate decree, which transfers property and permits to the rightful heirs and allows agencies to update official records.

Court staff can assist with filing procedures but cannot give out legal advice, the guide says. It says people have the right to seek help from legal counsel, tribal advocates or legal services organizations.

Pinedale is one of the chapters the guide places in the Crownpoint District. Churchrock is another, and so is Thoreau. Tohatchi is on the list, as is Mexican Springs.

The Crownpoint District Court also ran free July workshops on probate and quiet title. One was at Coyote Canyon Chapter House. Another was held at the Tohatchi chapter meeting, and a third at Huerfano Chapter. The court said those presentations were educational only, and that court personnel cannot provide legal advice or legal representation.

What

Filing a probate or quiet title case with the Crownpoint District Court

When

Probate within five years of the death, quiet title after five years

Where

PO BOX 6, Crownpoint, New Mexico 87313

How

Contact your local judicial District Court for probate filing information. Phone: (505) 422-2195. Navajo Nation Judicial Branch: courts.navajo-nsn.gov