Indian Probate Jurisdiction
February 8, 2021
There are two different statutes governing probate of Indian estates.
- The governing statute is the Indian Land Consolidation Act as amended by AIPRA, available here:
US Code Title 25 Chapter 24. - The public law that is AIPRA is available here: American Indian Probate Reform Act of 2004.
The current regulations that would be affected by the proposed rule are the following.
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Title 25: Indians Part 15 – Probate of Indian Estates, Except for Member of the Osage Nation and the Five Civilized Tribes located here.
- Title 43 Public Lands: Interior Part 30 – Indian Probate Hearings Procedures located here.
The last significant update to these regulations were finalized in 2006 located here: Indian Trust Management Reform.
The complete list of 2021 proposed changes can be found here: www.FederalRegister.gov
If you have any questions or comments, I can be reached at Roberta@IndianWillsOnWheels.org