American Indian Probate Reform Act of 2004 AIPRA

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American Indian Probate Reform Act of
2004(AIPRA)
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Floyd H. Azure II Montana State University
Extension Undergraduate Student
AssistantMarsha A. GoettingMontana State
University Extension Family Economics
Specialist Department of Agricultural
Economics Economics
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Purpose of AIPRA

• To Prevent Further Fractionation of Trust Lands.
• To Encourage Consolidation of Indian Land
  Ownership.

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AIPRA Probate Sections

• Effective for persons who pass away on or after
  June 20, 2006

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AIPRA

• State law no longer applies to Trust Property
  when a person passes away without a will.

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14 Fact Sheets

• Highlight
• Describe
• Illustrate

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Writing a Will

• Fact Sheet 9

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Written Will

• Pass undivided interests in trust lands and IIM
  money to whomever you choose

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At what age can I write a will?

• Age 18 older

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Does a will have to be written?

• YES!!!
• Includes
• Typed
• Computer
• Handwritten

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Does my will have to be witnessed?

• Federal law--YES
• Two witnesses
• Neither should be a beneficiary in the will

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HOLOGRAPHIC WILL

• Signature provisions in handwriting of the will
  maker
• 2 witnesses

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BIA Policy

• Agency staff does not
• write wills
• store wills

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AIPRA

• Special Rule
• if undivided interests are left to more than 1
  person in a written will

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AIPRA presumption

• Heirs Inherit
• Joint tenancy with right of survivorship

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JOINT TENANCY

• On passing of one
• survivors take all

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Example 1

• Mary wills her land to her 3 children equally

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AIPRA assumes joint tenancy
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Later one child passes away
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Second child passes away
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Where to keep your will?

• Safe Place
• Montana
• Clerk of the District Court

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Changing will

• Can be changed during lifetime as long as you
  are competent

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Review Will

• Marriage
• Remarriage
• Divorce
• Birth of child
• Adoption of child
• Passing of heir

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Review Will (contd)

• Move to another reservation
• Acquire additional property

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Adopted Child

• Tribal Adoption Laws
• treated as will makers child, not biological
  parents child

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Pretermitted Child (omitted)

• If not mentioned in will
• May be able to inherit same share that he/she
  would have received without a will

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Divorce

• Under AIPRA
• Former spouse does not receive property
  mentioned in will

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Separation

• AIPRA
• Separation is not equivalent to divorce
• Still married if separated

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Self Proved Will

• Affidavit
• Will maker witnesses sign acknowledge they
  were witnessing the signing of will before notary

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Self Proved Will

• Notary
• Also signs dates the will
• Use his/her official seal on the will

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Residuary Clause

• Last clause
• Person to receive any part that may be left
  after rest of will clauses are carried out

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Summary

• To Whom
• Residuary clause
• Date will makers signature
• Signatures of 2 witnesses

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More Information
Writing a Will

• Fact Sheet 9

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American Indian Probate Reform Act of
2004(AIPRA)