A Mighty Pulverizing Engine? The American Indian Probate Reform Act and the Struggle for Group Rights

The tormented and perilous history of Native American rights’ in this country takes a complicated path through history. This conflict centers on land and property; and more specifically, who has a right to inherit it. Early American Indian Law held that Indian’s had no title to the land—the land belonged to the conquerors, the Europeans. While American legal Jurisprudence has tried to rectify this conflict, probate issues still arise. In this article, the focus centers on the conflict between Indian Tribes as a whole and individual Indians. The American Indian Probate Reform Act (AIPRA) goals centered on connecting fragmented tribal property and promote tribal self-government. The question analyzed is if the rights of the tribe trump the rights of the individual.