The Scope of the Backlog

The Bureau of Indian Affairs (BIA) estimated a probate case backlog of more than 32,000 cases heading into fiscal year 2024. The probate process can take several years to complete, depending on the complexity of the case. The Department of the Interior has stated that delays depend on factors outside BIA and the Office of Hearings and Appeals’ (OHA) control, including how quickly families provide documentation such as death certificates, marriage licenses, and adoption decrees. Gathering that documentation alone reportedly can take months. There is no set time frame for scheduling probate hearings. Hearing officers sometimes return probate packages to BIA for clarification or additional documentation, adding further delay.

Why Cases Take So Long

Many trust land parcels have become divided among large numbers of owners over multiple generations, a process known as fractionation. For example, a landowner who dies without a will and leaves four children may pass a one-fourth interest in land to each child. If each of those children also dies without a will and their estates are divided among four grandchildren, the original parcel can become fractionated into sixteen separate ownership interests within two generations. Some parcels today have hundreds of owners holding interests in a single tract, making the land difficult to manage, use, or transfer. Each probate case requires BIA to prepare a case package, refer it to a judge or attorney decision maker, hold a hearing, and then distribute land and funds to heirs after a decision is issued. In 2023, BIA submitted 1,407 cases to the OHA for adjudication.

What Changed

The Department of the Interior announced the launch of a new Electronic Probate System, known as eNative Probate, described as a secure digital platform that modernizes how probate cases are managed for American Indian and Alaska Native families. The system replaces paper-based processing with an electronic workflow and allows beneficiaries to engage directly with the federal government on a probate case for the first time through a secure, two-way digital platform. A public-facing Family Portal lets individuals report a death, upload supporting documents, provide family history information, and track the status of a probate case online. A companion Specialist Portal guides BIA probate staff through case review, document validation, file preparation, and submission to the OHA. Assistant Secretary for Indian Affairs Billy Kirkland stated that the system is intended to reduce unnecessary paperwork, improve accountability, and help process cases more quickly while maintaining human review of decisions.

Accounts and Access

Account holders access the system through the Family Portal to upload documents and track case status. Any funds associated with a probate case tracked through the portal are held in a non-interest bearing account based in Washington, DC. The system is located at https://enativetrust.indianaffairs.gov/. Additional enhancements to the eNativeTrust platform are expected in future phases.

This article summarizes aspects of the law and opinions that are solely those of the authors. This article does not constitute legal advice. For legal advice regarding your situation, you should contact an attorney.