S. 1721 · 108th Congress · enacted
American Indian Probate Reform Act of 2004
Became Public Law No: 108-374.
Latest official action 2004-10-27 · Enacted
The bill, briefly
(This measure has not been amended since it was reported to the Senate on May 13, 2004. The summary of that version is repeated here.) American Indian Probate Reform Act of 2004 - (Sec. 3) Amends the Indian Land Consolidation Act to require that any trust or restricted interest in land or interest in trust personalty, subject to applicable Federal law, that is not disposed of by a valid will shall descend: (1) according to an applicable tribal probate code approved in the Act; or (2) if such tribal code does not apply, in accordance with this Act. Repeals the limitation of any devise of an interest in trust or restricted land to a decedent's Indian spouse. Provides that such surviving spouse shall receive: (1) one-third of the decedent's trust personalty and a life estate in the interests of trust or restricted lands if there are one or more eligible heirs (children, grandchildren, great-grandchildren, parents, or siblings); or (2) all of such trust personalty and life estate if there are none. Requires the Secretary of the Interior to maintain trust personalty passing to a surviving spouse in an account as trust personalty, but only if the spouse is Indian. Provides that if property does not pass under such requirements, it shall pass to the Indian tribe with jurisdiction over the interests in trust or restricted lands. Allows an Indian co-owner of a parcel of trust or restric…
Congressional Research Service · 2004-10-27
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Politicians behind the bill
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What happened after enactment?
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Measured outcome: not established
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