American Indian Law

The primary mission of the Division of Probate Services (DPS) is to compile inventories of Indian Trust assets and family information, and to coordinate the timely distribution of trust assets with the Office of Hearings and Appeals (OHA), the Division of Land Titles and Records (DLTR), and the Bureau of Trust Funds Administration (BTFA). --Taken from the BIA Website.

This guide answers some of the most frequently asked questions about probate that you may have after an Indian loved one passes away. This guide primarily discusses the federal probate process through the Bureau of Indian Affairs and the Office of Hearings and Appeals. It does not focus upon the state court system. Probate is a complicated area of law. This guide is only an introduction to the probate process.--Taken from the California Indian Legal Services

Introduction -- Historical context -- The American Indian Probate Reform Act -- Other important considerations -- Bureau of Indian Affairs probates -- Will writing template -- Appendices.

The American Indian Probate Reform Act of 2004 (AIPRA) was enacted on October 27, 2004. The Act amends the Indian Land Consolidation Act and amendments made in 2000 and this notice replaces the notice provided in 2001. This Act affects your ownership rights in trust or restricted land, unless the land is located in Alaska. Most of the provisions do not take effect for one (1) year.

AIPRA changes the way trust estates are distributed to your heirs after your death. This increases the importance and benefits of writing a will or doing an estate plan. AIPRA also improves your ability to consolidate your interests in trust or restricted land. --From Tribal Court Clearinghouse

To amend the Indian Land Consolidation Act to improve provisions relating to probate of trust and restricted land, and for other purposes.

An act to amend the Indian Land Consolidation Act to improve provisions relating to probate of trust and restricted land, and for other purposes.

American Indian Probate Reform Act of 2004 - (Sec. 3) Amends the Indian Land Consolidation Act to require that any trust or restricted interest in land or interest in trust personalty, subject to applicable Federal law, that is not disposed of by a valid will shall descend: (1) according to an applicable tribal probate code approved in the Act; or (2) if such tribal code does not apply, in accordance with this Act.

The Department of the Interior (Department) is finalizing updates to its regulations governing probate of property that the United States holds in trust or restricted status for American Indians, in an effort to continually improve the services the Department provides to individual Indians and Tribes. These updates allow the Office of Hearings and Appeals (OHA) to adjudicate probate cases more efficiently by, among other things, establishing an expedited process for small, funds-only estates, reorganizing the purchase-at-probate process so that estates may be closed more quickly, and specifying which reasons justify reopening of closed probate estates. The revisions also enhance OHA's processing by adding certainty as to how estates should be distributed when certain circumstances arise that are not addressed in the statute, and improve notification to interested parties by, among other things, requiring posting of probate notices on a devoted OHA web page. --Document summary

The American Indian Probate Reform Act of 2006 (AIPRA) provides a probate process for trust assets of American Indians. The goal of AIPRA is to create a more standardized and comprehensive probate process that works toward reducing fractionation of trust and restricted land. Prior to the enactment of AIPRA, the probate of trust assets was governed by the state law where the trust or restricted land was located.