American Indian Probate Reform Act of 2004
editGeneral Discussion
editThe American Indian Probate Reform Act of 2004 (AIPRA), enacted on October 27, 2004, amends both the Indian Land Consolidation Act of 1983 and the 2000 amendments thereto. Most of the probate provisions in AIPRA went into effect on June 20, 2006.
Relevance to Land Acquisition
editAccording to the Department of the Interior's website
The [American Indian Probate Reform Act] provides a clearer method to pass individual Indian land ownership from one generation to the next - creating a uniform federal Indian probate code instead of the multiple individual state laws that now govern Indian probate activity. This new law establishes a definition of highly fractionated lands, allows small interests in land to pass exclusively to single heirs when there is no will involved, and allows greater flexibility for individuals and Tribes to consolidate and acquire interests during the probate process.[1]
The latter provisions, found primarily in 25 U.S.C. § 2204, are the most relevant to land acquisition by Indian nations.
Upon proper application by eligible buyers (heirs, co-owners and the tribe where the land is located), the Secretary of the Department of the Interior "may purchase interests in land that are less than 5% of the total, for fair market value during the probate proceeding without the consent of the heirs." This provision does not apply if there was a valid will or the heirs were living on the land.[2]
Resource Links
editThe Institute for Indian Estate Planning and Probate provides an overview of AIPRA including a PowerPoint presentation, information on estate planning for landowners and links to several government publications.
Montana State University has a collection of 14 fact sheets addressing the American Indian Probate Reform Act of 2004.