Section PRP.04.40 — Spouse's Right To Elective Share

If a married person domiciled on the reservation dies, the surviving spouse has a right to elect to take an elective share of one-third of the estate of the decedent, less funeral and administration expenses, family allowance and enforceable claims against the estate, plus the value of all property in excess of $1,000 transferred by the decedent to any person other than the surviving spouse in the three years preceding the decedent's death to which the surviving spouse has not joined by written consent.