Currently, there are over 3,000 individual tracts of Native allotment land, many of which include several land owners, usually resulting from the settlement of probate proceedings.
At AVCP, our Probate and Estate Planning staff assist the deceased landowner’s heirs, potential heirs, and family members, in identifying the beneficiaries of the land. AVCP’s probate is limited solely to assisting individuals who own or have inherited an interest in federally restricted land (i.e. Native allotments or Native restricted townsite lots) located within the jurisdiction of an AVCP compacted tribe.
AVCP’s probate work includes:
Determining heirs and division of Native allotments.
Preparation of probate packages containing family information and legal documentation in order to determine heirs.
Forwarding the completed probate packages to the United States Department of the Interior (DOI) Office of Hearings and Appeals (OHA) for decisions determining heirs.
AVCP encourages every Native allotment landowner to complete a last will & testament to protect their land and ensure that it is passed on to the beneficiary of their choosing and not the State’s.
Frequently Asked Questions
A: In order to begin the process of Native allotment estate settlement, AVCP staff can accept a call from a family member as a death notice.
A: If the landowner has not determined the beneficiaries of their Native allotment via a last will & testament, AVCP will follow Alaska Interstate Law and the Code of Federal Regulations.
A: Yes. Prior to proceeding, AVCP will need you to complete the AVCP Will Request Form and Alaska Legal Services Application. AVCP will begin the process with the Bureau of Indian Affairs (BIA) and refer you to Alaska Legal Services for the creation of a last will & testament. To request services for an Indian last will & testament regarding federally restricted lands that you own or have inherited interest in, please fill out the request form.