The Probate Process and a tribal estate

Probate is the process of distributing an estate through a court. In the event that the estate to be distributed is tribal, there are three probate processes which may need to be opened: (1) District Court probate; (2) Tribal Court probate; and (3) Bureau of Indian Affairs (BIA) probate. 

District Court probate is the process in which the District Court appoints a personal representative, either based upon the personal representative nominated in the decedent’s will, or whichever heirs came forward seeking an appointment. The personal representative must then publish their appointment for any creditors to come forward with claims against the estate. After waiting for ninety (90) days for creditors to come forward with their claims, the personal representative must then inform all other heirs of the contents of the estate and the proposed distribution. If there is no contention, the personal representative may then distribute the estate. District Court controls property that is not tribal in nature – bank accounts, fee land - which is land not held in trust by the BIA - vehicles, etc. 

Tribal Court probate is similar to the District Court probate. The two distinct differences are that the Tribal Court probate takes place in Tribal Court, rather than in District Court, and that Tribal Court probate only applies to property which is owned within the confines of the reservation.  

BIA probate is the process of determining the heirs for (1) land held in trust by the BIA; and (2) Individual Indian Money (IIM) accounts. The BIA must be provided with a death certificate. An employee at the BIA will be assigned the case and will put together a file on the decedent’s estate and what needs to be distributed to whom. Once this is completed, a hearing is set. All heirs are notified of the hearing. Once the hearing has taken place, the Judge issues a written decision or order on how the estate is to be distributed.  

The probate process is confusing enough when there is only one to worry about. At the Boppre Law Firm, we understand that juggling three probates at once can feel overwhelming and intimidating. Feel free to give us a call to discuss your potential probate – we’re happy to assist you however we can! 

If you have any questions about the probate process, please feel free to give Boppre Law Firm a call!