SIRE welcomed the opportunity to participate with the Department’s effort in streamlining the probate process in a way that benefits individual Indians and other stakeholders.

The attached is our comment submitted on December 30, 2019 on the advance notice of proposed rule making (ANPRM) from our perspective as attorneys who represent individual Indian clients in probate proceedings. In particular, we wish to bring to the Department’s attention the current lack of due process provided by existing AIPRA regulations and our deep concerns that the proposed “Updates to American Indian Probate Regulations” threatens to further curtail due process protections. Our 6-page submitted comments can be found here.

Further, I wish to point out that individual Indians and legal practitioners, such as myself and others, will have other suggested issues or perspectives on the listed issues that would best be raised prior to the publication of a Proposed Rule as opposed to being raised in response to a Proposed Rule. A public meeting is necessary to facilitate this Department’s request for comments in advance of proposed rulemaking.

We were unsuccessful in persuading the Department to hold public hearings. Now we have until March 8, 2021 to comment on the January 2021 Proposed Rule found here.

If you have any questions or comments, I can be reached at Roberta@IndianWillsOnWheels.org