American Indian Probate Reform Act (AIPRA)

What happened

The American Indian Probate Reform Act (AIPRA), Public Law 108-374, was signed October 27, 2004. Its findings explain the problem. The 1887 General Allotment Act "did not permit Indian allotment owners to provide for the testamentary disposition of the land that was allotted to them," and it sent allotments to heirs under state intestacy law. Congress found that this had caused "the increasingly fractionated ownership of trust and restricted land as that land is inherited by successive generations of owners as tenants in common," differing state rules for land in more than one state, and no uniform probate code.

Congress concluded that a uniform federal probate code "would likely reduce the number of fractionated interests in trust or restricted land." It also said a code would help owners with estate planning and help tribes write their own probate codes.

AIPRA amended Section 207 of the Indian Land Consolidation Act. That section is the one the Supreme Court had twice found unconstitutional in earlier cases. The new rules include a "single heir rule" for small interests: an interest of less than 5 percent of the whole parcel that is not disposed of by a valid will descends to one heir, after any life estate for a surviving spouse living on the parcel. The Act also lets people renounce or disclaim an inherited interest, and lets the Secretary approve voluntary consolidation agreements among heirs during probate.

Summarized with AI assistance from 5 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error