Inheriting Indian Land Fact Sheets

The series of 14 fact sheets have been prepared to explain major sections of the American Indian Probate Reform Act (AIPRA). These fact sheets are made available to who individuals who want to learn more about the new law. 

Funding was provided from the Community Outreach and Assistance Program, Risk Management Agency of the United States Department of Agriculture.

The DOI is considering a series of updates to AIPRA regulations. The official version of the proposed rules is at https://www.govinfo.gov/content/pkg/FR-2021-01-07/pdf/2020-28306.pdf.

Disclaimer:  The information appearing in these fact sheets are presented for informational purposes only.  The objective of the fact sheet is to help you develop an understanding of the American Indian Probate Reform Act (AIPRA).  The contents should not be considered as legal advice or be used as such.  For legal information specific to your situation contact appropriate legal counsel with your tribe or an attorney.

Future change in laws cannot be predicted and statements in this fact sheet are based solely on the rules and regulations in force on the date of publication.

• 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. July 2021
  
  
• Fact Sheet #2: Fractionation: Inherited undivided interest 
  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. July 2021
  
  
• Fact Sheet #3: How reservation land is owned?
  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. July 2021
  
  
• Fact Sheet #4: Your Individual Trust Interest (ITI) Report: 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. July 2021
  
  
• Fact Sheet #5: Who is eligible to inherit your trust land 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. July 2021

The AIPRA fact sheets below are NOT ADA Accessible yet.

• Fact Sheet #6: Your undivided interests of 5% or more: What happens if you pass away without a written will?
  Describes how an undivided interest of 5% or more in an allotment is distributed to heirs depending upon marital status and presense of children. July 2021
  
  
• 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. July 2021
  
  
• Fact Sheet #8: What is a Life Estate? 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. July 2021
  
  
• Fact Sheet #9: Writing a will
  Answers typical questions individuals have about written wills. July 2021
  
  
• Fact Sheet #10: Purchase options at probate
  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. July 2021
  
  
• Fact Sheet #11—Partitioning an allotment
  Explains partitioning rules for a highly fractionated parcel under AIPRA. July 2021
  
  
• 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. July 2021
  
  
• Fact Sheet #13—Your Individual Indian Money (IIM) account:  What happens to your money if you pass away without a written will?
  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. July 2021
  
  
• Fact Sheet #14—Definitions
  Provides definitions of many of the terms that are used in the fact sheets. July 2021