1-1-9. CLAIMS AGAINST THE ESTATE.

1. Notice to Creditors.
   The Administrator shall promptly give notice to the creditors of the decedent and to the Business Manager for the Tribe to present their claims against the decedent’s estate, unless it shall be determined by the Court that the estate is exempt from the claims of all general creditors.  Such notice shall state the name, date of death, and residential address of the decedent at the time of his or her death; the date upon which a notice was first posted; that all persons having claims against the state are required to present such claims in writing, with proper vouchers, to the Administrator, at a stated address, within 90 days after the date upon which such notice was first posted.  Such notice shall be given by posting the same in three public places within the Rosebud Sioux Indian Reservation for a period of not less than 30 days.  Before the expiration of said 90-day period, the Administrator shall file with the Court his verified affidavit showing that he has fully complied with this requirement of giving this notice.
2. Allowance or Rejection of Claims.
   1. A claim not presented to the Administrator within 90 days after the notice to creditors was first posted is not barred, but such claim cannot be paid until the claims presented in that period have been satisfied.  Until the final account is filed, a claim against the estate is not barred and may be presented or allowed and paid out of any assets then in the hands of the Administrator not otherwise appropriated.
   2. All claims presented to the Administrator shall be examined, dated, and endorsed with the words “examined and allows” if the Administrator is satisfied that the claim is just, or endorsed with the words “examined and rejected”, if the Administrator is not so satisfied.  If a claim is allowed, it shall be paid in due course of administration.  If a claim is rejected, the Administrator shall file notice that the claim has been rejected with the Tribal Court and serve a true copy of such notice of rejection by certified mail upon the claimant.  If the Administrator neither allows or rejects the claim within 60 days after the receipt thereof by him or her, it shall be deemed rejected.
3. Hearing on Rejected Claim.
   Any claimant whose claim has been rejected may request a hearing before the Tribal Court concerning the rejection of his or her claim by filing a petition requesting such hearing within 30 days following the date the Administrator filed notice of rejection concerning such claims with the Tribal Court or within 30 days after the claim has been deemed rejected under subsection (2/b) above.  The Tribal Court shall, if the matter comes within the civil jurisdiction of the Tribal Court, set the matter for hearing as in other civil proceedings and determine whether the claim should be allowed or rejected.  If no such petition is filed within the said 30-day period, the claim shall thereafter be of no validity and shall be barred.
4. Payment of Claim.
   The claims and charges against the estate which have been presented and allowed during the first 90 days following the date upon which the notice to creditors was first posted, shall be paid in the following order, and those presented and allowed or established in like manner within each succeeding period of 90 days during the continuance of the administration, shall be paid in the same manner:
   1. Taxes or debts of whatsoever nature due the United States;
   2. Any amount due the Rosebud Sioux Tribe of South Dakota;
   3. Debts which, at the death of the decedent, are liens upon his property or any right or interest therein, according to the priority of their several liens;
   4. Expenses of administration;
   5. All expenses of last illnesses and burial expenses;
   6. All other claims against the estate.