American Indian Probate Reform Act (AIPRA) Fact sheets
The resources below were developed by a team at Montana State University and reproduced in partnership with UC Davis in order to help allottees understand and navigate the probate process. For the original content developed by the team at Montana State University, please see the link below.
American Indian Probate Reforma Act - Factsheets and Resources
The American Indian Probate Reform Act (AIPRA) was enacted on October 27, 2004. The Act amends the Indian Land Consolidation Act. Most sections of AIPRA that pertain to probate became effective June 20, 2006. Technical amendments were signed into law December 2, 2008.
AIPRA has created a uniform probate code for all reservations (except Alaska, the Five Civilized Tribes, and the Osage) across the United States. This Act will apply to all tribal and individually-owned trust lands unless the tribe has a Department of Interior approved probate code. For individuals who pass away on or after June 20, 2006, state laws will no longer determine how trust lands pass from one generation to the next.
Fact Sheet 1
What is AIPRA and how does it affect you?
Provides a brief summary of each of the fact sheets in the series. A chart is also included that illustrates tribal, state and federal jurisdiction on the various types of individually owned property such as IIM accounts, checking and saving accounts, vehicles, and real property.
Fact Sheet 2
Fractionation: Inheriting Undivided Interests
Explains how fractionation has occurred on reservations and defines undivided interest. Illustrations show the fractionation that could occur when undivided interests in trust lands are inherited by six generations of individual family members.
Fact Sheet 3
How Reservation Land is Owned by Individuals
Describes the typical ways individuals own reservation land: individually owned trust/ restricted land or fee status land (also known as fee simple or fee patent land). Also explained are various ways land can be titled: sole ownership, tenancy in common, and joint tenancy with right of survivorship.
Fact Sheet 4
Your Individual Trust Interests (ITI) Report and How to Read It
Explains the meaning of the numbers and terms on an ITI report that can be obtained from a local or regional BIA office.
Fact Sheet 5
Who is eligible to inherit your trust lands and retain trust status?
Provides definitions of eligible heirs and Indian that are included in AIPRA. Heirs must meet these federal definitions to inherit land in trust status.
Fact Sheet 6
Your undivided interest of 5% or more: What happens if you pass away without writing a will?
Describes how an undivided interest of 5% or more in an allotment is distributed to heirs depending upon marital status and presence of children.
Fact Sheet 7
Your undivided interest of less than 5%: What happens if you pass away without writing a will?
Describes how an undivided interest of less than 5% in an allotment is distributed under the single heir rule.
Fact Sheet 8
Defines what a life estate is and the circumstances under which AIPRA requires a life estate for trust property for a surviving spouse or other heirs.
Fact Sheet 9
Answers typical questions individuals have about written wills.
Fact Sheet 10
Provides details about the process for co-owners or the tribe, to petition the probate court to purchase trust land interests (except in Alaska, the five civilized tribes and Osage). The rules to be followed depend upon the percentage of an undivided interest your heirs are inheriting.
Fact Sheet 11
Explains partitioning rules for a highly fractionated parcel under AIPRA.
Fact Sheet 12
Ways to Avoid Further Fractionation of Reservation Land
Provides ideas about ways to use tools of gifting, selling, or exchanging an undivided interest to avoid further fractionation of allotted lands.
Fact Sheet 13
Describes who will receive the money in a deceased person's IIM account (if the individual has one) should the person pass away without a written will.
Fact Sheet 14
Provides definitions of many of the terms that are used in the fact sheets.