1-1-5. APPOINTMENT, QUALIFICATIONS AND DUTIES OF ADMINISTRATOR.

1. Appointment of Administrator.
   Upon ordering an estate to be probated, the court shall appoint an Administrator to administer the estate according to this code.  The person nominated by the decedent’s Will to administer the estate shall be appointed as the Administrator, provided such person is qualified and willing to serve in such capacity.
2. Qualifications of the Nominated Administrator.
   Any person nominated in the decedent’s Will to administer the decedent’s estate shall be qualified for appointment as Administrator if he or she resides upon the Rosebud Sioux Indian Reservation, is over 21 years of age, and is otherwise competent to perform the duties required of an Administrator.  However, as a condition to his or her qualification and appointment, the Court may require such person to post a bond in such amount and form as may be required by the court, except that no bond shall be required where the decedent’s Will directs that the Administrator shall serve without bond.
3. Duties and Powers of Administrator.
   1. The Administrator appointed by the Court shall have the following duties and powers during the administration of the estate and until discharged by the Court:
      1. To preserve and protect the decedent’s property within the estate for the benefit of the estate and the heirs, so far as is possible;
      2. To promptly investigate all claims against the decedent’s estate and determine whether such claims are just and proper;
      3. To promptly determine the name, ages, and residential addresses of all the decedent’s heirs, devisees, and legatees;
      4. To promptly cause a written inventory of all the decedent’s property within the estate to be prepared with each article or item being separately set forth and cause such property to be exhibited to and appraised by an appraiser, and the inventory and appraisement thereof to be filed with the Tribal Court;
      5. To promptly give all persons entitled thereto such notice as is required by this code;
      6. To account for all property within the estate which may come into his or her possession or control, and to maintain accurate records of all income received and disbursements made during the course of the administration.
   2. Removal of Administrator.
      The court may order the Administrator to show cause why he or she should not be discharged, and may discharge the Administrator for failure, neglect, or improper performance of his or her duties upon good cause shown.