What is BIA Probate?
June 10, 2026
The Bureau of Indian Affairs (BIA) handles all distribution processes of American Indian land and minerals. This includes non-Indian individuals who might heir the rights to land on Native American reservations. The probate process applies when an individual who has estate in Indian territory becomes deceased. This can be trickier than typical probate in North Dakota, because Indian lands and resources are protected by federal law and managed by the Department of the Interior.
To process a probate, the BIA first collects all financial and trust information from the decedent's family to start a file. The file is sent to the Office of Hearings and Appeals (OHA) where a judge conducts a probate hearing. The judge issues a decision in regards to the distribution of the trust property. If desired, the beneficiaries can request a rehearing, but once decisions are finalized, the BIA transfers land titles and trust assets to the heirs.
Maverick Law Group is one of the local law firms in North Dakota that handles Indian Law. Give us a call at (701) 852-5224 to schedule your consultation today!