The court shall distribute the estate according to the terms of the will of the decedent which has been admitted to probate.
If the decedent died intestate or having left a will which has been rejected by the court, the estate shall be distributed as follows:
According to the laws and customs of the tribe if such laws and customs are proved; or
According to state law absent the existence of tribal laws or customs.
If no person takes under the above subsections, the estate shall escheat to the tribe.