1-1-13. DESCENT AND DISTRIBUTION.

1. Distribution Pursuant to Will.
   The Tribal Court shall distribute the estate according to the terms of the Will of the decedent which has been admitted to probate.
2. Intestate Succession.
   If the decedent died leaving no Will, or having left a Will which has been rejected by the Court, the estate shall be distributed as follows:
   1. If the decedent leaves a surviving spouse and issue, the surviving spouse shall have a one-half interest in the net intestate estate;
   2. If the decedent leaves a surviving spouse and there are no issues, the surviving spouse shall have all the net intestate estate.
3. Share of Others than Surviving Spouse.  The part of the net intestate not passing to the surviving spouse shall pass:
   1. To the issue of the decedent.  If the issues are all of the same degree of kinship to the decedent, they shall take equally, but if of unequal degree, then those of more remote degrees take by representation.
   2. If there is no surviving issue; to the surviving parents of the decedent.
   3. If there is no surviving issue or parent, to the brothers and sisters of the decedent and the issue of any deceased brother or sister of the decedent by representation.  If there is no surviving brother or sister, the issue of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take representation.
   4. If there is no surviving issue, parent or issue of a parent, to the grandparents of the decedent and the issue of any deceased grandparent of the decedent by representation.  If there is no surviving grandparent, the issue of grandparents takes equally if they are all of the same degree of kinship to the decedent, but if unequal degree, then those of more remote degrees takes by representation.
4. Indian Custom Distribution of Indian Finery and Artifacts.
   Notwithstanding the provisions of this Code relating to descent and distribution, the surviving spouse or other surviving next of kin may distribute any Indian artifacts and finery belongings to the decedent in accordance with the customs of the Rosebud Sioux Tribe prior to the initiation of administration of the estate.