THE JUDICIAL COURT OF THE TOHONO O'ODHAM NATION
ADULT CIVIL DIVISION

In the Matter of the Estate of:
Charlotte T. Conde
DOB: 07/07/1965
DOD: 08/27/2023
Decedent
 
5 TOR3d -- (Tr. Ct., Apr. 23, 2025)
Case Number: AV2025-0030

ORDER APPOINTING PERSONAL REPRESENTATIVE & DISTRIBUTING PROPERTY

At the Initial Hearing on April 23, 2025, Evelyn Conde, Petitioner, and Susanne Laursen, civil attorney of the Tohono O'odham Advocate Program, Petitioner's attorney, appeared. Melinda (Linda) Preston appeared as a person familiar with the customs of the Sells District. Pearl Conde, a sister of the Decedent, was present, as was a relative of Ms. Preston. Evelyn Conde and Linda Preston testified.

I.  General

Based on the testimony and evidence, the Court FINDS and ORDERS as follows:

1.    This Court has jurisdiction.

2.    Charlotte T. Conde's estate consists of her interest in the following:

a.    Hip home in the Sells District

b.    Bank of America account (which the Petitioner suspects may have little or no funds)

3.    Charlotte Conde was unmarried and had no children. Her parents predeceased her. She has three surviving siblings and one predeceased sibling. Her predeceased sibling had three children who also predeceased Charlotte Conde. Each of those predeceased nephews and nieces had three children each, all of whom are alive.

4.    Those are all of the possible heirs known do the Petitioner and to the Court.

5.    Pursuant to 9 T.O.C. ch. 1, § 16, Evelyn Conde has provided notice to all of those possible heirs, and they have been given full opportunity to come before the Court and defend their interests.

6.    No one has filed an answer, response, or opposition with the Court. Pearl Conde and Russell Conde, siblings of the Decedent, filed renunciations of the HIP home.

7.    Evelyn Conde is Charlotte T. Conde's sister and is entitled to serve as Charlotte T. Conde' s personal representative without bond.

8.    Charlotte T. Conde died intestate, without a will, on August 27, 2023.

9.    Petitioner does not know whether Charlotte T. Conde had any debts, based on her personal effects being removed without permission by other family members. She suspects, however, that she had little or no debt-most likely limited to a Bank of America credit card.

10.    Evelyn Conde is appointed Personal Representative of Charlotte T. Conde's Estate, to serve without bond.

11.    An inventory of the Estate is not required.

II. Determination of Heirs; Applicable Laws

12.    The Petition asked the Court to determine Charlotte Conde's heirs by Tohono O'odham custom.

13.    The Nation's Code addresses this:

In all civil cases the Tohono O'odham Courts shall apply, in order of precedence, the Tohono O'odham Constitution, the Nation's laws and ordinances, and finally the customs of the Nation.

4 T.O.C. ch. 1, § 1-102.

14.    The Tohono O'odham Constitution, laws and ordinances do not address determination of heirs without a will, or intestate succession of property, other than Title 9 of the Tohono O'odham Code which, like Title 4, points to tribal custom. ("In the determination of the heirs the Court shall apply the custom of the Tribe as to inheritance."). 9 T.O.C. ch. 1, § 16.

15.    Title 4 of the Code further provides:

O'odham custom may be proved by testimony of persons familiar with the customary practices of the O'odham, or the custom of a particular community within the Nation.

4 T.O.C. ch. 1, § 1-102.

16.    Though not controlling, see T.O. R. Ct., § 1, R. 8.2(d), the Court agrees with previous Trial Court decisions holding that a person asserting tribal custom has the burden of proving it. See In re Norris, 1 TOR3d 63, 64 (Tr. Ct. 1988); In re Elizabeth Siquieros, AV2023-0013 at 3-4 (Tr. Ct. Apr. 22, 2025)(unpublished), and must do so by a preponderance of the evidence. In re Elizabeth Siquieros at 4-5.

III. Application: Determination of Heir & Distribution of Property

17.    Petitioner followed all of the above here.

a.    Petitioner called her witness, Linda Preston.

b.    Ms. Preston established herself as a "person[] familiar with the customary practices of the O'odham, or the custom of a particular community within the Nation"- specifically the Sells District.

c.    The Court found by a preponderance of the evidence that it is the custom in the Sells District in this case, where the Decedent had no spouse, no surviving parents, and no children, that the eldest surviving sibling inherits the estate.

d.    Evelyn Conde established that she is the eldest surviving sibling.

18.    Therefore, pursuant to the Tohono O'odham custom and statutes cited above,1 the Court DETERMINES that the sole heir of Charlotte T. Conde is Evelyn Conde.

19.    Further pursuant to the custom established for the case here, Evelyn Conde, as the eldest surviving sibling of Charlotte T. Conde, is awarded all of the Estate property.

IV. Holding on Custom Applicable to this Case Only

20.    This Court has noted the Nation's customs may differ over time and from place to place, and may be subject to overriding customs. See In re Elizabeth Siquieros at 7.

21.    Further, nobody in this case challenged the custom presented by the Petitioner or offered a different or competing custom.

22.    Accordingly, the holding with respect to the custom in this case is specific to the facts and circumstances of this case.

V.  Miscellaneous

23.    The Court will keep this case open until July 25, 2025 in case the Personal Representative needs anything from the Court. If nothing is filed by then, the Court will administratively close this matter.

24.    This is a final, appealable Order.

Dated: April 23, 2025

/s/ Joseph Hardy Jr
Judge Joseph Hardy Jr.