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United States · Law · S

S. 1721 (108th)

American Indian Probate Reform Act of 2004

enactedUnited States· United States Congress· EN

Introduced

14 October 2003

Last action

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Status

Became Public Law No: 108-374.

Sponsors

—

Subjects

Discovery layer

Source updated

20 June 2025

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Summary

American Indian Probate Reform Act of 2003 - Amends the Indian Land Consolidation Act to revise the requirements for testamentary and nontestamentary disposition of interests in trust, restricted lands, and personal property of an Indian. Repeals the limitation of any devise of an interest in trust, restricted land, or personal property to a decedent's Indian spouse. Retains permission to devise such an interest to the Indian tribe with jurisdiction over the land. Adds permission to devise such an interest to any lineal descendant of the testator or any person who owns a preexisting undivided trust or restricted interest in the same parcel of land in trust or restricted status. Considers such a devise as the devise of the interest in trust or restricted status, unless: (1) language in the will clearly evidences the testator's intent that the interest is to vest in the devisee as a fee interest without restrictions; or (2) the interest devised is a life estate. Limits the order of the devise of an interest in trust or restricted land as a life estate or in fee for an interest not devised according to the general rule. Permits the owner of an interest in trust or restricted personal property to devise such an interest to any person or entity. States that if a testator devises interests in the same parcel of trust or restricted (currently, restricted) lands to more than one person, in the absence of express language (currently, language) in the devise to the contrary, the devise shall be presumed to create joint tenancy with the right of survivorship in the interests (currently, land) involved. Provides for the partition and purchase of highly fractionated Indian land by eligible Indian tribes. Prescribes means by which co-owners of trust or restricted interests in a parcel of land may enter into surface leases of such parcel without the Secretary of the Interior's approval. Declares that nothing in this Act shall be construed to limit or otherwise affect the application of any Federal law requiring the Secretary to approve mineral leases or other agreements for the development of the mineral interest in trust or restricted land. Allows interests in a parcel of trust or restricted land in the decedent's estate, under specified conditions, to be purchased at probate in accordance with this Act. Prohibits the Secretary from approving a tribal probate code that prevents the devise of an interest in trust or restricted land by an Indian lineal descendant of the original allottee, or an Indian who is not a member of the tribe with jurisdiction over the interest, unless it provides for the renouncing of interests, the reservation of life estates, and payment of fair market value. 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, and 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. Makes the fractional interest acquisition program permanent. Sets forth procedures with respect to the sale of interests to Indian landowners. Requires the Secretary to place a lien on any revenue accruing to an acquired fractional interest until the Secretary provides for the removal of the lien under specified conditions, and upon payment into the Acquisition Fund of an amount equal to the purchase price of that interest. Provides that the rules of intestate succession under the Indian Land Consolidation Act or a tribal probate code approved under such Act or regulations promulgated under it shall apply to that land for which patents have been executed and delivered. Requires the Secretary to award grants to nonprofit entities to provide legal assistance services for Indian tribes, individual owners of interests in trust or restricted lands, or Indian organizations pursuant to Federal poverty guidelines. Requires the Secretary to notify each Indian landowner of specified information concerning each tract of trust or restricted land in which the Indian landowner has an interest. Prohibits such individual from being denied access to the information. Directs the Secretary to develop a pilot project for the creation and management of private and family trusts for interests in trust or restricted lands. Presumes an undivided trust, restricted interest in a parcel of land owned by a person, or such related property to be abandoned after a specified six-year period, and subject to this Act. Requires the Secretary to give: (1) written notifications to all heirs before holding a hearing to determine the heirs to trust or restricted property, or making a decision determining such heirs; and (2) an annual notice, response form, and a change of name and address form to owners of interests in trust or restricted land.

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19 official files

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