Notifying the BIA when someone dies
Family member is responsible for notifying the BIA
OverviewWhen someone dies
BIA Branch of Probate Services
Phone(505) 563-3663
Mailing Address
1001 Indian School Rd NW, Albuquerque, NM 87104
WebsiteVisit website→
HoursMonday through Friday, 8:30 a.m. to 4:00 p.m. MT
Bureau of Trust Funds Administration — Trust Beneficiary Call Center
Phone1-888-678-6836
Emailtbccmail@btfa.gov
Mailing Address
Bureau of Trust Funds Administration, Attn: TBCC, PO Box 26928, Albuquerque, NM 87125
WebsiteLearn about benefits→
HoursMonday through Friday, 9:00 a.m. to 4:30 p.m. MT (self-service portal 24/7)
BIA Regional and Agency Offices / BTFA Trust Beneficiary Call Center
Phone1-888-678-6836
Mailing Address
Bureau of Indian Affairs, 1849 C Street NW, MS-4660-MIB, Washington, DC 20240
Timeline
Indian probate is generally slower than state probate because the process spans two agencies (BIA prepares the package, OHA decides it). Specific case timelines are not published in 25 CFR Part 15 or 43 CFR Part 30; contact the handling BIA agency for case-status updates.
WebsiteLearn more →
HoursReport to the BIA agency where the decedent was enrolled (12 regional offices listed on the points-of-contact page); TBCC Mon–Fri 9:00 a.m. to 4:30 p.m. MT
Verified Jul 2026
When someone dies, the Bureau of Indian Affairs (BIA) must be notified. The family member is responsible for notifying the BIA.
Notification deadline: As soon as possible after death; 25 CFR Part 15 does not impose a specific deadline but trust accounts and lease income are frozen until probate is opened.
Steps to take
Steps for notifying the BIA and applying for survivor benefits:
1
Report the death to BIA or BTFA to open the probate case:
- •Contact the BIA agency or regional office nearest where the decedent was enrolled (see bia.gov/regional-offices)
- •Or call the BTFA Trust Beneficiary Call Center at 1-888-678-6836 (Mon–Fri 9:00 a.m. – 4:30 p.m. MT)
- •Or email tbccmail@btfa.gov
- •Or contact the Branch of Probate Services in Albuquerque at (505) 563-3663
2
BIA verifies the decedent's identity, tribal enrollment, and trust asset ownership, then opens a probate case under 25 CFR Part 15.
3
Provide the documents BIA needs to build the probate package (25 CFR § 15.105):
- •Certified copy of the death certificate (or sworn affidavit with supporting public records if no certificate exists)
- •Originals or certified copies of any wills, codicils, and revocations
- •Tribal enrollment or census numbers for the decedent and potential heirs
- •Names and current addresses of all potential heirs and devisees
- •Marriage licenses, divorce decrees, adoption records, guardianship orders, and name changes
- •Sworn statements regarding family relationships, paternity, or maternity if relevant
- •List of creditor claims with addresses and copies of any court judgments against the estate
4
BIA transfers the completed probate package to the OHA Probate Hearings Division for adjudication. An Indian Probate Judge or Administrative Law Judge issues the probate decision under 43 CFR Part 30.
5
After the OHA decision is final, the trust assets are distributed:
- •Trust and restricted land titles are updated by the BIA Division of Trust Asset Ownership and Title (formerly Land Titles and Records)
- •IIM account funds are distributed by BTFA to the heirs or devisees identified in the OHA decision
- •Heirs may renounce their interest, consolidate ownership, or in some cases purchase another heir's share at probate under 43 CFR Part 30 Subparts H and M
6
Note: BIA / OHA probate covers trust land, restricted fee land, and IIM accounts only. Personal property, fee-simple land, bank accounts, and other non-trust assets pass through state court probate (or state non-probate transfer mechanisms) on the same standard timeline as any other estate.
Required Documents
- Certified copy of the death certificate (preferred), or a sworn affidavit of death with supporting public records (25 CFR § 15.104)
- Originals or certified copies of any wills, codicils, and revocations the decedent left
- Decedent's Social Security number and tribal enrollment or census number
- Names and current addresses of all potential heirs and devisees
- Marriage licenses, divorce decrees, adoption records, guardianship orders, and name changes affecting the decedent or heirs
- Sworn statements regarding family relationships, including paternity or maternity claims where relevant
- List of creditor claims against the estate, with addresses and copies of any court judgments
Timeline
Indian probate is generally slower than state probate because the process spans two agencies (BIA prepares the package, OHA decides it). Specific case timelines are not published in 25 CFR Part 15 or 43 CFR Part 30; contact the handling BIA agency for case-status updates.
Survivor benefits
Inheritance of Trust and Restricted Land
Trust land and restricted fee land owned by the decedent passes to eligible heirs through the BIA / OHA probate process under 25 U.S.C. § 2206. If the decedent left a valid will, the land passes according to the will. Without a will, AIPRA intestate succession applies: the surviving spouse receives a life estate in the restricted land and one-third of trust personalty if there are other eligible heirs; otherwise the spouse receives all trust personalty and a life estate in the land. Eligible heirs are defined in 25 U.S.C. § 2201 and include children, grandchildren, great-grandchildren, full and half siblings, and parents who are Indian or closely related to Indians.
Eligibility: Eligible heirs as defined in 25 U.S.C. § 2201, devisees named in a valid will
How to apply: BIA opens the probate case; OHA conducts the hearing and issues the inheritance decision
Learn more →Distribution of Individual Indian Money (IIM) Account
IIM accounts hold trust funds belonging to individual American Indians — lease income, judgment funds, sale proceeds, and other trust receipts. On death, the IIM account is frozen until probate is complete. After OHA issues the probate decision, BTFA distributes the IIM balance to the heirs or devisees identified in the decision. BTFA disburses more than $1 billion annually and manages roughly $9 billion in trust assets.
Eligibility: Heirs or devisees identified in the OHA probate decision
How to apply: Automatic distribution after the OHA probate order is final; contact BTFA Trust Beneficiary Call Center for account-specific questions
Learn more →Single Heir Rule for Small Fractional Interests
Under 25 U.S.C. § 2206, when a decedent owns a fractional interest of less than 5 percent of a parcel and dies intestate (without a will), the interest passes to a single heir — the oldest eligible surviving child, then oldest eligible surviving grandchild, then oldest eligible surviving great-grandchild, then the tribe with jurisdiction. This is an AIPRA anti-fractionation rule and does not apply if the decedent had a valid will or if the interest is 5 percent or larger.
Eligibility: Applies automatically by statute to intestate decedents with fractional interests under 5 percent
How to apply: No action required from the family; OHA applies the rule when issuing the probate decision
Learn more →Emergency Funeral Expense Payment from IIM Account
Under 25 CFR § 15.301, BIA may approve up to $5,000 from the decedent's IIM account for reasonable and necessary funeral expenses before probate is complete and without an OHA order. The person responsible for funeral arrangements submits an itemized estimate identifying the funeral service provider. BIA considers availability of non-trust funds and tribal contributions before approving.
Eligibility: Person responsible for arranging the funeral, where tribal contributions are insufficient and immediate payment is needed before burial
Amount: Up to $5,000
How to apply: Submit itemized funeral expense estimate and service provider information to the BIA agency handling the probate
Learn more →Frequently asked questions
25 CFR § 15.105 lists the documents the BIA probate file requires: a certified death certificate, originals or copies of any wills and codicils, the decedent's Social Security number and tribal enrollment number, names and addresses of potential heirs, marriage and divorce records, adoption and guardianship orders, sworn family-relationship statements where needed, and a list of creditor claims against the estate.
The Bureau of Indian Affairs (BIA) opens the case, verifies identity and assets, and assembles the probate package. The Office of Hearings and Appeals (OHA) Probate Hearings Division — an independent unit of the Department of the Interior — holds the hearing and issues the inheritance decision under 43 CFR Part 30. The Bureau of Trust Funds Administration (BTFA), which replaced the Office of the Special Trustee in 2020, manages Individual Indian Money accounts and disburses the trust funds after OHA's decision is final.
The Individual Indian Money (IIM) account is frozen at death and cannot be accessed until probate is complete. BTFA holds the funds until OHA issues the probate decision identifying the heirs or devisees, then distributes the balance accordingly. Under 25 CFR § 15.301, the person responsible for funeral arrangements can request up to $5,000 from the IIM account for reasonable funeral expenses before probate is complete.
Under 25 U.S.C. § 2206, when a decedent dies without a will and owns a fractional interest of less than 5 percent of a parcel, that interest passes to a single heir to prevent further fractionation of Indian land. The order of priority is the oldest eligible surviving child, then oldest eligible surviving grandchild, then oldest eligible surviving great-grandchild, then the tribe with jurisdiction. The rule does not apply if the decedent left a valid will or if the interest is 5 percent or larger.
25 U.S.C. § 2201 defines eligible heirs for trust and restricted land inheritance as the decedent's children, grandchildren, great-grandchildren, full siblings, half siblings by blood, and parents — provided the person is Indian or is within two degrees of consanguinity of an Indian. A person who is not an eligible heir can still inherit trust land by will but cannot inherit by intestate succession.
No. BIA and OHA only handle trust land, restricted fee land, and IIM accounts. Fee-simple real property, personal property, bank accounts, and other non-trust assets pass through state court probate (or state non-probate transfer mechanisms like beneficiary designations and transfer-on-death deeds) under the same rules that apply to any other estate. The two processes proceed in parallel.
After completing the notification process, eligible survivors can apply for 4 benefits through the BIA. Each benefit has its own eligibility requirements and application process.
Keep copies of all documents submitted to the BIA. Original documents submitted for verification are typically returned after processing.
BIA Branch of Probate Services
Phone(505) 563-3663
Mailing Address
1001 Indian School Rd NW, Albuquerque, NM 87104
WebsiteVisit website→
HoursMonday through Friday, 8:30 a.m. to 4:00 p.m. MT
Bureau of Trust Funds Administration — Trust Beneficiary Call Center
Phone1-888-678-6836
Emailtbccmail@btfa.gov
Mailing Address
Bureau of Trust Funds Administration, Attn: TBCC, PO Box 26928, Albuquerque, NM 87125
WebsiteLearn about benefits→
HoursMonday through Friday, 9:00 a.m. to 4:30 p.m. MT (self-service portal 24/7)
BIA Regional and Agency Offices / BTFA Trust Beneficiary Call Center
Phone1-888-678-6836
Mailing Address
Bureau of Indian Affairs, 1849 C Street NW, MS-4660-MIB, Washington, DC 20240
Timeline
Indian probate is generally slower than state probate because the process spans two agencies (BIA prepares the package, OHA decides it). Specific case timelines are not published in 25 CFR Part 15 or 43 CFR Part 30; contact the handling BIA agency for case-status updates.
WebsiteLearn more →
HoursReport to the BIA agency where the decedent was enrolled (12 regional offices listed on the points-of-contact page); TBCC Mon–Fri 9:00 a.m. to 4:30 p.m. MT
Verified Jul 2026