An official website of the United States government
          Here's how you know
        Here's how you knowDot gov**Official websites use .gov**
              
              A **.gov** website belongs to an official government organization in the United States.
        Https**Secure .gov websites use HTTPS**
              
              A **lock** (   Locked padlock
 ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.  Newsroom
                                
                          
        
                Vote.gov Accessibility Menu
  

        
        Accessibility Menu
      Toggle Font Size
                                        
                                
          
                    Toggle OpenDyslexic
                                        
                                
          
                    Toggle Dyslexia-friendly black-on-creme color scheme
                                        
                                
          
                    Contact Us
 *U.S. Department of the Interior*
Menu


    close

        
        
                        
        
        
  
  
          About
      
                
        
        
  
  
          About
                    Interior
              
      
                
        
        
  
  
          Meet the Secretary
      
                        
                    
      
              Interior Leadership
      
                        
                    
      
              Departmental Offices
      
                        
                    
      
              History of the Interior
      
                        
                    
      
                      Join
              
      
                
        
        
  
  
          Careers
      
                        
                    
      
              Pathways Program
      
                        
                    
      
              Veterans Employment
      
                        
                    
      
              Volunteer
    
  

      
              
      
                        
                    
      
              Bureaus
      
                
        
        
  
  
          Bureaus
                    Bureaus
              
      
                
        
        
  
  
          Bureau of Indian Affairs
      
                        
                    
      
              Bureau of Indian Education
      
                        
                    
      
              Bureau of Land Management
      
                        
                    
      
              Bureau of Ocean Energy Management
      
                        
                    
      
              Bureau of Reclamation
      
                        
                    
      
              Bureau of Safety & Environmental Enforcement
      
                        
                    
      
              Bureau of Trust Funds Administration
      
                        
                    
      
              National Park Service
      
                        
                    
      
              Office of Surface Mining Reclamation & Enforcement
      
                        
                    
      
              U.S. Fish & Wildlife Service
      
                        
                    
      
              U.S. Geological Survey
    
  

      
              
      
                        
                    
      
              Priorities
      
                
        
        
  
  
          Priorities
                    Addressing the Drought Crisis
      
                        
                    
      
                      Advancing Environmental Justice
      
                        
                    
      
                      America the Beautiful
      
                        
                    
      
                      Clean Energy Future
      
                        
                    
      
                      Increasing Outdoor Access
      
                        
                    
      
                      Investing in America
      
                        
                    
      
                      Strengthening Indian Country
      
                        
                    
      
                      Tackling the Climate Crisis
    
  

      
              
      
                        
                    
      
              Media
      
                
        
        
  
  
          Media
                    Blog
      
                        
                    
      
                      Press Releases
      
                        
                    
      
                      Media Contacts
      
                        
                    
      
                      Multimedia
    
  

      
              
      
    
          
    
  



Search

  Search


          
          
                      Newsroom
                                
                          
        
                Vote.govAccessibility Menu
  

        
        Accessibility Menu
      Toggle Font Size
                                        
                                
          
                    Toggle OpenDyslexic
                                        
                                
          
                    Toggle Dyslexia-friendly black-on-creme color scheme
                                        
                                
          
                    Contact Us
  


Breadcrumb
        Home
                            Bureau of Trust Funds Administration
                            Planning for the Future


  In This Section
    
      
      Home
                              About
                            About this Bureau
                              Budget Information
                              Equal Employment Opportunity
                              Meet the Director
                              Publications
                              Work with Us
                              Investment Policy
                              Office of Trust Records
                              Trust Principles
                              Beneficiary Services
                            IIM Welcome Guide
                              Intro to IIM Accounts
                              Payment Options
                              Understanding your IIM Statement
                              Oil & Gas Payment Schedule
                              Filing an Objection
                              Tribes Served
                              Managing Money
                              Managing Indian Trust Assets
                              Planning for the Future
                              Forms
                              FAQs
                              Search Unclaimed Accounts
                              News
                            News Archive
                              Contact Us
                  
                  Share
  FacebookTwitterLinkedInRedditPinterest

  Planning for the Future

This page emphasizes the importance of estate planning for Indian trust beneficiaries. Covered topics include:
Estate Planning
Hiring an Attorney
Power of Attorney
Probate and how it affects your loved onesEstate Planning
**All beneficiaries should have some form of an estate plan.**An estate plan is a collection of legal documents like wills, powers of attorney, and trusts. These documents outline what happens to your assets after you die or become incapacitated. If you don’t have an estate plan or a will, the U.S. Government will determine your heirs and distribute your trust assets when you die. This process, known as “probate,” can take many years.
Some people can create an estate plan with minimal outside help. Others may wish to consult expert advisors like attorneys, financial planners, or accountants. Your local Fiduciary Trust Officer can answer questions about estate planning. Many of our offices have arrangements with legal service groups to assist with establishing wills. Contact your local Fiduciary Trust Officer for more information about these services. The Indian Land Tenure Foundation also offers information about estate planning.
**Deceased Account Holders**
Family members of deceased IIM account holders should contact their agency as soon as possible to begin the probate process. This will ensure that future payments go to an Estate Account. Estate Accounts continue to receive income and earn interest until the probate process is complete.
*PROTIP: Your will needs to change as your family changes. Review it frequently.*
Hiring an Attorney
Estate planning for people with Indian trust assets requires specialized knowledge. Here are some questions you can ask prospective attorneys to check their skills in this area:
Have you ever represented Native Americans in estate planning with IIM accounts?
Have you ever been involved in disputed Indian probate?
How long have you practiced?
What does AIPRA stand for? (see information about AIPRA below)Power of Attorney
A power of attorney is a legal document that allows someone else to act on your behalf. This is a private, inexpensive way to appoint a substitute decision-maker, although it may involve help from a lawyer. If you don’t create a power of attorney in advance, a friend or family member might have to go to court to have a guardian appointed – a process can be lengthy and expensive.
You can name both a financial power of attorney (for decisions about money and property) and a medical power of attorney (for decisions about health care).
Probate and how it affects your loved ones
Probate is a legal process to determine the validity of a will and administer the estate of someone who dies without a will. The American Indian Probate Reform Act of 2004 (AIPRA) created Federal probate code to limit fractionation, keep land in the hands of a beneficiaries’ Indian children, and encourage the drafting of wills.
If you create a will, you can do almost anything you want with your property. If you don’t create a will, the following regulations will govern who inherits your estate:
Your spouse gets a "life estate" and holds property until death, then it passes to your children.
The land is inherited by children, grandchildren, parents, or siblings. If none exist, the land goes to the Tribe. Eligible heirs must be Indian or within two generations.
If land is less than 5% of the tract, your spouse gets a life estate only if they live on the land, and it is inherited only by the oldest child or grandchild ("single heir rule", prevents fractionation). If none exist, it goes to the Tribe.
The Federal government, Tribe and co-owners may purchase the land during probate. Consent of the heir is required, but if the interest is less than 5% and passes without a will, no consent is required unless the heirs live on the land.
Your heirs may enter a consolidation agreement to avoid purchase without consent.Note: AIPRA does not apply to trust or restricted property in Alaska, the Five Civilized Tribes, or the Osage Nation.
The Bureau of Indian Affairs offers a guide to the Department of the Interior’s probate process.
Was this page helpful?
    
      Yes
No
This page was not helpful because the content:
          

        
  
      Please provide a comment


  
Leave this field blankReturn to top
    
          Subscribe
    
      Enter your email address to subscribe to Interior news and updates


  Leave this field blank
Section Title
  

        
      About DOI
                              Accessibility
                              Contact Us
                              Copyright
                              Disclaimer
                              Information Quality
                              Privacy Policy
                              Site Map
                              Vulnerability Disclosure PolicySection Title
  

        
      Budget & Performance
                              Coronavirus Updates
                              Cummings Act Notices
                              Diversity, Inclusion & Civil Rights
                              FOIA
                              Inspector General
                              No Fear Act reports
                              Open Government Initiative
    
          U.S. Department of the Interior
                    Stewarding Conservation and Powering Our Future

                          1849 C Street NW, Washington, DC 20240