AIPRA was enacted in 2004, in part to address issues ILCA had not yet resolved. AIPRA continued to build on Congress’ commitment to tribal self-determination by empowering tribes to design their own solutions to fractionation issues. Principally, AIPRA creates a uniform probate code for writing wills and specifies rules for intestate inheritance of interests in allotted lands held in trust.
AIPRA is Congress’ most recent attempt to solve the fractionation problem. AIPRA builds on ILCA’s land consolidation goals, and represents an effort to change the way these trust lands are administered. In particular, AIPRA:
- Creates a new federal probate code which applies to all interests in allotted lands held in trust.
- Enables American Indian tribes to develop tribal probate codes which, upon approval by the Secretary of the Interior, supersede AIPRA’s federal probate code.
- Addresses intestate fractionation by limiting intestate inheritance of fractional interests smaller than 5% to a single eligible heir.
- Permits the voluntary and involuntary sale of highly fractionated land parcels upon the request of a tribe or tribal member who wishes to buy the interest.
- Defines eligible heirs as family members within two degrees of consanguinity (parents, children, siblings, grandparents and grandchildren).
AIPRA PowerPoint - Microsoft Powerpoint presentation