The American Indian Probate Reform Act (AIPRA) was enacted on October 27, 2004. The Act amends the Indian Land Consolidation Act (ILCA) of 1983 and ILCA amendments of 2000. Most parts of AIPRA that pertain to probate took effect on June 20, 2006.
AIPRA creates a uniform probate code for all reservations (except Alaska, the Five Civilized Tribes, and the Osage) across the United States. The Act applies to all individually owned trust lands unless a tribe has its own probate code. All tribal probate codes pertaining to trust property must be approved by the Department of Interior. State laws no longer determine how trust lands on reservations pass from one generation to the next for individuals who pass away on or after June 20, 2006.
American Indian Probate Reform Act (AIPRA) Fact Sheets
Authors, Marsha Goetting and Kristin Ruppel, Montana State University.
