Estate Planning Tools

designating the fate of your family home

Photo Courtesy Nez Perce County Historical Society and Museum

The American Indian Probate Reform Act of 2004 (AIPRA), enacted on October 27, 2004, brought significant changes to the inheritance, management, and purchase of trust or restricted land and property owned by American Indians (AI). AIPRA does not apply to trust or restricted lands in Alaska or property owned by Indians not held as trust or restricted property.

Families have various options regarding the fate of their family home, provided they reach a consensus. It is advisable for homeowners to specify the home's heir in their will. For creating or modifying a will, consulting an attorney is recommended. Attorneys and legal aid organizations experienced in AIPRA and Indian trust or restricted property can assist with wills and legal advice. It's crucial to discuss your legal concerns with an attorney familiar with these matters.

If you wish to explore your options, such as the significance of drafting a will, making gifts, establishing life estates, or selling your property, please schedule an appointment with your local BIA Agency. For will-related matters, it's advisable to consult a lawyer or a legal aid society. Additionally, the Office of the Special Trustee for American Indians has established a dedicated toll-free helpline for Indian trust beneficiaries seeking assistance. To reach the Trust Beneficiary Call Center, dial 1-888-678-6836, extension 888.

Estate Planning Brochure

Nez Perce Tribal Housing Estate Homeownership Brochure

Public Notary List (May 2023)

Will Preparation

Nimiipuu Fund has been collaborating with the Nez Perce Tribe Office of Legal Counsel and the University of Idaho Native American Law Program since 2019. Our Wills Interns work under the supervision of program coordinator Christine Mellick and Aaron Roepke. Please connect if you need assistance in creating your will or any with inquiries you may have.

[email protected]
(208) 717-8797

Checklist for Meeting with Legal Intern About Your Will

Probate Process

When individuals of American Indian or Alaska Native heritage, who owned trust or restricted lands and/or trust funds, pass away, there is a need to transfer these assets to the rightful heirs or the designated owners as per the terms of a will. The Office of Hearings and Appeals plays a vital role in this process. They identify the trust lands/funds owned by the deceased, ascertain the legal heirs or devisees, and facilitate the distribution of the trust or restricted lands or funds to the rightful individuals.

Bureau of Indian Affairs Probate Process

Probate Process Brochure

Nez Perce Tribe Burial Assistance

“We don’t inherit the earth, we borrow it from our children.”

Chief Seattle

Estate Planning Tools

designating the fate of your family home

“We don’t inherit the earth, we borrow it from our children.”

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