Inheriting Indian Land

 

Native American College

 

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.