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Information on AIPRA

Understanding AIPRA for Landowners - Updated January 2009 - This PowerPoint gives trust landowners an overview of the American Indian Probate Reform Act of 2004 and explains what will happen to your trust lands if you pass on without a valid last will and testament. The presentation also includes information on wills and options available to landowners when they write a will.

Dying Without a Will

When you pass on without a will, the American Indian Probate Reform Act will determine who receives your property unless the Tribe where your lands are located has an approved Tribal Probate Code or Federal Inheritance Act. Currently, only a handful of tribes have approved probate codes or inheritance acts, so most Indians will have their property distributed under the laws of AIPRA.  The three landowner charts below show the distribution of your trust property under AIPRA if you die without a valid will.

Your Trust Land Interests Less than 5% of the Entire Parcel (pdf)
Your Trust Land Interests 5% or Greater of the Entire Parcel (pdf)
Your Trust Personalty (Individual Indian Money Account) (pdf)


What You Can Do With a Will

Answers to common Questions about AIPRA and writing your will (pdf).

You may also download the Estate Planning Options Chart (pdf).



Estate Planning Free Services

The Institute and Indian Land Tenure Foundation fund several programs which provide free estate planning and will drafting services.

Currently, South Dakota, Minnesota, Washington, Oregon, Idaho and Montana receive these free legal services. Please call us for a list of providers in your area.



Upcoming Training

 

Montana State University Educational Materials

A series of 14 fact sheets that answer basic questions about your trust lands, fractionation, and the American Indian Probate Reform Act of 2004 (AIPRA), developed by Montana State University faculty Marsha Goetting, Extension Family Economics Specialist and Kristin Ruppel, Department of Native American Studies.  The materials were created with funding from the Community Outreach and Assistance Partnership program of the Risk Management Agency of USDA. 

Fourteen Fact Sheets on AIPRA for Landowners

Power Point presentations to accompany Fact Sheetss

You can request a direct mailing of the fact sheets by contacting Marsha Goetting at goetting@montana.edu or calling at 406-994-5695.   



Government Publications

Trust Reform Document Library by the Department of Interior Office of Special Trustee

A federal government website with limited documents on AIPRA, OST Budget, Court Documents, Secretarial Orders, Congressional Testimony & Legislation, Press Releases and OST Newsletters and Brochures. Click here for Government Website


The following PDFs are federal government publications on The American Indian Probate Reform Act (AIPRA)

Department of Interior Brochure Notice to Landowners about AIPRA (pdf)
Department of Interior Brochure on Indian Probate (pdf)
Department of Interior Brochure on Indian Wills (pdf)
Department of Interior Brochure on Indian Tribes Historical Dates (pdf)
Department of Interior Brochure on Inventories and How to Read Them (pdf)
Department of Interior Brochure on Indian Land Consolidation Act for Rosebud Sioux (pdf)

(Right-click the link to save the document to your computer.)



What is Probate?

When you pass on, your federal trust property must go through a federal probate process before distribution of your property can be made to the heirs. The first step for the family is to notify the Bureau of Indian Affairs (BIA) office about the death. The BIA then prepares what is called a probate package. This package contains many things, such as information about the person who has passed on, their trust property ownership, their family and potential heirs, their last will and testament if there is one. The BIA then submits the package to the U.S. Office of Hearings and Appeals for probate, a federal court process that distributes the property according to the law and if there is one, the personís last will and testament. The following presentation by Judge Yellowtail gives an overview of this entire process.

Judge Yellowtail's Overview of the Federal Probate Process (pdf) — The attached presentation was given at the Institute's AIPRA training in Rapid City, SD, July 2006

Excerpts from The Little Red Probate Book by Sally Willett© (pdf) — Sally Willett served as U.S. Administrative Law Judge for Indian Probate/Public Lands from 1977-1996. She is a prolific writer on the subject of Indian lands and probate issues. Judge Willett is Cherokee, a founding member of the Indian Land Working Group, and a passionate champion of individual Indianís rights. These materials were presented at the Institute for Indian Estate Planning & Probateís March 2006 National Symposium on AIPRA. These are copyrighted materials. Do not reproduce or distribute without express consent of Judge Willett whose contact information can be found on the first page of the materials.



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Landowner Information

Upcoming Training

Information on AIPRA

Dying Without a Will

What You Can Do With a Will

Will Drafting Powerpoint

Montana State University Landowner Education

Government Publications

What is Probate?

Downloadable PDFs

 
 

Institute for Indian Estate Planning and Probate at Seattle University School of Law
901 12th Avenue P.O. Box 222000 Seattle, WA 98122-1090
office phone: (206) 398-4284 / fax: (206) 398-4036