The American Indian Probate Reform Act was passed and signed into law in 2004 with much fanfare but tribes are already uncovering problems with the law, Indian Country Today reports.

Tribal leaders and advocates say the law doesn't recognize custom and culture. In some case, this means that land may fall out of trust because a family member or relative doesn't qualify as an "Indian" under the law. Adopted children and spouses are also an issue, tribal advocates say.

The law creates a uniform probate code for Indian Country. Previously, probates were subject to more than 30 different state laws.

Tribes can write their own probate codes but must do so within the constraints of the law, a judge for the Winnebago Tribe of Nebraska said. "The law looks good in black and white, but when people are involved it changes," Judge Marcel Greenia told ICT.

The act goes into effect on June 20, 2006.

Get the Story:
New probate law will create new problems (Indian Country Today 12/16)

American Indian Probate Reform Act:
Public Law No: 108-374

Relevant Links:
Office of Special Trustee - http://www.ost.doi.gov
Indian Trust: Cobell v. Norton - http://www.indiantrust.com

Related Stories:
BIA called a hindrance to tribal development (10/19)
Partnership to help resolve probate backlog (10/06)
Interior asks Congress for power to take Indian lands (07/18)
Trust reform costs put at $3B, thanks to Bush (06/13)
OST audits fare no better under Ross Swimmer (06/07)
Norton lobbies Congress on trust fund accounting (03/11)
DOI says probate bill doesn't solve fractionation (11/10)
Bush puts signature to probate reform legislation (10/28)
Probate reform bill ready for Bush's signature (10/07)
Anderson touts benefits of Cobell trust fund case (02/25)
Tribes back improvements in probate reform bill (10/16)
Tribes focus energies on 'core' trust reform issues (05/30)
On fractionation, little progress in decades (05/09)
Fractionation a growing problem in Indian Country (05/06)
Bill offers 'extinguishment' of trust fund claims (11/06)
Legislation to create a 'passive' Indian trust (10/18)
Bush proposal to take 'unclaimed' Indian land (09/26)
Rift widens on trust reform negotiations (9/12)
Tribes scrap talks on trust standards (9/11)
Tribal leaders debate trust reform bill (5/23)
McCaleb gets too close to termination (1/29)
Interior moving to close trust fund accounts (1/25)