Without a will, decisions about your trust land and IIM account will be made by an Indian Probate Judge. This judge must follow the American Indian Probate Reform Act.
Your trust land will be inherited by your immediate family. First to your children or grandchildren, possibly great-grandchildren, and if you have none, then to your parents or brothers and sisters. In order to inherit your land, your heirs must be descendants of yours within two generations, or be an “Indian” as defined by AIPRA. This generally means that they are enrolled or eligible to be enrolled in a tribe.
AIPRA has some special rules about land you own that you have less than a 5% interest in. That land will go only to your oldest eligible child, grandchild, or great-grandchild. Also, the Department of the Interior will have the option to purchase your interest during probate, even if your heirs don’t agree. These special rules when you own less than 5% interest don’t apply when you write a valid will. But in general, you must still leave your trust land to your heirs who are enrolled or eligible to be enrolled in a tribe even when you write a valid will.
What Happens to Non-Trust Assets Without a Will?
Any of your non-trust property like a house, car, bank account, or personal belongings located on the Reservation will be distributed by the Blackfeet Tribal Court to the surviving heirs.