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TRIBAL ALERT! What AIPRA is: The American Indian Probate Reform Act (“AIPRA”) took effect on June 20, 2006. AIPRA is a federal law passed by Congress in 2004 as an attempt to reverse the severe consequences of “fractionation” (where allotments have so many owners of small interests that no one can effectively use the land). AIPRA dramatically changes the probate rules for how individual interests in land and Individual Indian Money Accounts (“IIMs”) can be passed on to one’s heirs when the individual passes on “intestate” (without a will) or with a will. How AIPRA Will Affect Tribes: Under AIPRA, tribes are authorized to adopt their own Tribal Probate Codes, through which the tribe can determine its own rules for intestate succession (when a tribal member does not have a Will) and testamentary devise (Wills). If approved by the Secretary of the Interior, a Tribal Probate Code will be applied by the Office of Hearings and Appeals (the agency that hears Indian probates matters) to determine the what will happen to a tribal member’s interest(s) in trust land. What Tribes Can Do: The new law is very complex and may or may not reflect a particular tribal community’s wishes for how trust property can be passed on. Thus, if there are allotments within the boundaries of your reservation or allotments that are otherwise subject to the tribe’s jurisdiction, CILS urges you to analyze the effect that AIPRA will have on those interests and consider adopting a Tribal Probate Code. If you have questions about AIPRA, you can contact your local CILS office for more information. |