Writing a will for trust land: what AIPRA means for your family
If a tribal member dies without a valid will, their trust land and IIM money pass under their Nation’s probate code if Interior has approved one, and otherwise under the default rules of the American Indian Probate Reform Act of 2004 (AIPRA). A will lets you choose who receives your trust interests, within limits federal law sets. Interior says many of its offices work with legal service groups that help people write wills.
This is general information about federal law, not legal advice. Talk to a licensed attorney or legal services office about your situation.
What happens to trust land if there is no will?
First, if your Nation has a tribal probate code approved by Interior, that code decides. If not, AIPRA’s default rules apply (25 U.S.C. 2206(a)):
- Surviving spouse, with eligible heirs: one-third of the trust money (trust personalty) and a life estate in the trust land. A life estate means the right to use the land, and receive its income, during the spouse’s lifetime.
- Surviving spouse, no eligible heirs: all of the trust money and a life estate in the land.
- After the spouse’s share, or with no spouse, the property passes in this order, stopping at the first group that exists: eligible children (with a deceased child’s eligible children taking that child’s share), then eligible great-grandchildren, then eligible parents, then eligible siblings, then the Tribe with jurisdiction over the land.
- When it would pass to the Tribe, an Indian co-owner of the parcel can buy the interest by paying its fair market value into the estate before probate closes.
“Eligible heirs” are children, grandchildren, great-grandchildren, full siblings, half siblings by blood and parents who are Indian under the law, are lineal descendants within two degrees of an Indian, or already own a trust interest in the same parcel (25 U.S.C. 2201). Children, parents or siblings who don’t meet the definition do not inherit trust land under the default rules.
What is AIPRA’s single heir rule?
If there is no will, an interest that is less than 5% of a parcel goes to one person: the oldest eligible child, or if none, the oldest eligible grandchild, then the oldest eligible great-grandchild, then the Tribe. A spouse who lived on that parcel at the time of death keeps a life estate in it (25 U.S.C. 2206(a)(2)(D)). For families with many small interests, this rule can surprise people, and a will is how you choose differently.
Who can you leave trust land to in a will?
A will can leave trust or restricted land, and keep it in trust, to (25 U.S.C. 2206(b)):
- Any of your lineal descendants.
- Anyone who already owns a trust interest in the same parcel.
- The Tribe with jurisdiction over the land.
- Any Indian, as federal law defines the term.
You can also leave a life estate to anyone, such as a spouse who is not Indian, or leave land to someone outside these groups as a fee interest, which takes it out of trust. Some lands have extra limits. Trust money in an IIM account can be left to any person or organization (25 U.S.C. 2206(b)).
One detail to know: if you leave an interest in the same parcel to more than one person, the law presumes (for wills written after AIPRA took effect) that they share it as joint tenants, so the last survivor ends up with all of it, unless your will clearly says they hold it as tenants in common (25 U.S.C. 2206(c)).
Why does a will matter for your family?
Interior encourages every beneficiary to have an estate plan. Without one, the federal government decides your heirs and distributes your trust assets, which Interior says can take many years (Interior). A will keeps those choices with you, lets you keep land together in the family, and gives the judge a clear answer. Interior also suggests reviewing your will as your family changes.
Who can help you write a will for trust land?
- Your BIA agency. The BIA can help with estate planning, including a will, or a gift, sale or exchange of trust land that the BIA approves, where you can keep a life estate (BIA).
- Your Fiduciary Trust Officer. Interior says many of its offices have arrangements with legal service groups to help people write wills; your Fiduciary Trust Officer can tell you about them (Interior).
- Your Nation’s legal services or a private attorney. Interior suggests asking an attorney whether they have represented Native Americans in estate planning with IIM accounts and have handled Indian probate (Interior).
What should you do after you sign?
- Keep the signed original in a safe place and write down where it is. The probate file needs the will or evidence that one exists (25 CFR 15.105).
- Ask your BIA agency whether they can keep a copy; the probate file includes wills given to the BIA (25 CFR 15.202).
- Tell your family that a will exists and who to call. The rest of the list is in what your family will need.
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Frequently asked questions
What is AIPRA?
The American Indian Probate Reform Act of 2004 is the federal law that sets default inheritance rules for trust and restricted land and IIM money when there is no will and no approved tribal probate code. It was designed to limit fractionation of trust land.
Who inherits trust land without a will?
If there is no approved tribal probate code, a surviving spouse gets a life estate in the land, and the land then passes to eligible children, great-grandchildren, parents or siblings, in that order, and finally to the Tribe.
Can I leave trust land to my spouse who is not Indian?
Yes, as a life estate, which lets your spouse use the land and receive its income for life. You can also leave trust money in an IIM account to anyone.
What is the single heir rule?
Without a will, an interest smaller than 5% of a parcel goes to one heir, usually your oldest eligible child, instead of being split among all heirs.
Where can I get help writing a will for trust land?
Start with your BIA agency or your Fiduciary Trust Officer. Interior says many of its offices work with legal service groups that help people write wills.
Sources
- 25 U.S.C. 2206: descent and distribution (AIPRA)
www.law.cornell.edu/uscode/text/25/2206 - 25 U.S.C. 2201: definitions ("Indian", "eligible heirs")
www.law.cornell.edu/uscode/text/25/2201 - Interior trust beneficiaries: Planning for the future
www.doi.gov/ost/planning-future - BIA: Estate planning
www.bia.gov/service/estate-planning - BIA Division of Probate Services: Your land, your decision (what is probate?)
www.bia.gov/bia/ots/dop/your-land - 25 CFR 15.105: other documents needed for the probate file
www.ecfr.gov/current/title-25/section-15.105 - 25 CFR 15.202: what the probate file contains
www.ecfr.gov/current/title-25/section-15.202
Updated November 2026. Every figure on this page was checked against the sources above.
General information, not legal or financial advice. Rules and amounts change; check the official sources above or talk to a licensed professional about your situation.
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