Probate and Estate Services is required to gather information regarding the decedent’s family history, ownership of trust or restricted land interests (i.e., Native Allotments, inherited interests), and trust personalty (Individual Indian Money (IIM) account). The probated estates of Trust or Restricted Lands and Trust Personalty owned by an Alaska Native or American Indian are treated differently than other lands or funds. The probate procedures are federally regulated pursuant to 25 Code of Federal Regulations (CFR) Part 15 – Probate of Indian Estates, Except for Members of the Osage Nation and the Five Civilized Tribes; and the 43 CFR Part 30 – Indian Probate Hearings Procedures. Under 25 CFR part 15 and 43 CFR part 30, several federal agencies within the DOI are required to determine the proper distribution of the Trust Assets in accordance with a valid will or, in the absence of a will, in accordance with applicable Tribal, Federal, or State laws of intestate succession.
In addition to the Regional Office located in Anchorage, Alaska, twenty-three (23) compact (PL-638) tribal organizations (within their jurisdiction) are authorized to obtain the necessary documentation in determining the proper probate distribution for those decedents owning trust or restricted land interests. Once a decedent’s probate package is submitted and reviewed by the Regional Office, all information and documentation are transferred to Office of Hearings and Appeals (OHA) for adjudication.
After OHA issues a probate order, the Division works with other trust offices, such as the Bureau of Trust Funds Administration (BTFA) and the Land Titles and Records Office to distribute the assets. As a result, from the time the BIA is notified of an individual's death until the time the Trust or Restricted Lands and Trust Personalty is distributed to the heirs, can be very lengthy.
Once initiated, the following documents may be required to complete the probate process:
- The decedent’s original death certificate and a copy of their birth certificate. (Upon request, the original can be returned to you.)
- A completed OHA-7, Data for Heirship Finding & Family History Form.
- The original or original certified copy of any Last Will & Testaments the decedent may have executed, including codicils (amendments) or revocations, if any.
- Copies of birth certificates for children, if any.
- Copies of the decedent’s marriage and/or divorce records, if any.
- Tribal enrollment documents of the decedent and potential heirs and devisees.
- Names and current addresses of the decedent’s potential heirs and devisees.
- Judgments or claims against the decedent’s estate, including court orders requiring payment of spousal or child support, if any.
A complete list of documents that may be requested during the probate process are included in federal regulation 25 CFR 15.105.
To report the death of a loved one, please call (907) 271-3911 or email the decedent’s death certificate and the completed death notification report to ak_pes_deathnotice@bia.gov.
If you have any questions, please contact PES at (907) 271-3911 or through our mailing address:
Probate and Estate Services
3601 C Street – Suite 1200 – MC 303
Anchorage AK 99503
Probate operates under the following:
Authority: 5 U.S.C. 301, 503; 25 U.S.C. 9, 372-74, 410, 2201 et seq; 43 U.S.C. 1201, 1457
For regulations pertaining to the probate of Indian trust estates within the Probate Hearings Division, Office of Hearings and Appeals, see 43 CFR part 30 – Indian Probate Hearings Procedures
