Document Type

Article

Publication Date

3-2006

Abstract

AIPRA makes major reforms to the Indian probate system. Federal law long provided that trust or restricted lands and IlM accounts owned by an Indian intestate are to be distributed to the heirs as determined under state law. AIPRA replaces this with one uniform intestacy scheme for the distribution of trust lands and IJIM accounts in lieu of the 30-plus state systems that now apply. AIPRA also fills out the federal law on wills, enacting numerous provisions on the interpretation of wills, most adapted from the Uniform Probate Code. In addition to providing Indian country with a uniform and more complete body of probate law, AIPRA contains several provisions encouraging the purchase or consolidation of fractionated interests. AIPRA affects ownership rights in trust or restricted lands in all states other than Alaska. The probate

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