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United States · Bill · S

S. 1340 (107th)

Indian Probate Reform Act of 2002

referredUnited States· United States Congress· EN

Introduced

2 August 2001

Last action

Status

Referred to the House Committee on Resources.

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Subjects

Discovery layer

Source updated

20 June 2025

Summary

Indian Probate Reform Act of 2001 - Amends the Indian Land Consolidation Act to prescribe rules governing succession of intestate interests in trust and restricted Indian lands for which an approved tribal probate code does not apply. Directs the Secretary of the Interior to establish procedures for the collection of past-due or over-due child support obligations entered by a tribal or any other court from the revenue derived from an interest in trust or restricted land. Provides that a tribal probate code shall not prevent the devise of an interest in trust or restricted land to non-members of a tribe unless it: (1) provides for the renouncing of interests, reservation of life estates, and payment of fair market value; and (2) does not prohibit the devise of an interest in an allotment to an Indian if such allotment was originally allotted to the linear ancestor of the devisee. Provides that the authority available to an Indian tribe to acquire an interest in trust or restricted land devised by the owner to a non-Indian shall not apply if the interest is part of a family farm that is devised to a member of the decedent's family if the devisee agrees that the Indian tribe will have the opportunity to acquire the interest for fair market value if it is offered for sale to an entity that is not a member of the family of the owner of the land. Revises the special rule to provide for the devising of interests in trust or restricted lands by an owner who does not have: (1) an Indian spouse or an Indian lineal descendant; (2) a spouse or an Indian lineal descendant; or (3) a spouse or lineal descendant. Provides that the rules of intestate succession under the Indian Land Consolidation Act or a tribal probate code approved under such Act shall apply after patents issued in the name of the allottees (or their heirs) have been executed and delivered.

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11 official files

Referred in House (text)

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