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American Indian Trust Probate

In accordance with Title 25 Code of Federal Regulations, Chapter 1, Subchapter C “Probates,” probate of land allotments and individual Indian money (IIM) accounts for individuals with Federal trust ownership interests in land allotments on the Quinault Indian Reservation and monies held by the Office of the Special Trustee for American Indians begins by notifying the appropriate probate officials in accordance with the American Indian Probate Reform Act of 2004 (AIPRA) and other requirements of Federal law:

For decedents of the Chehalis, Chinook, Cowlitz, Hoh, Jamestown, Lower Elwah, Queets, Quileute, Quinault, Shoalwater Bay, Skokomish, Squaxin Island tribes and all decedents not enrolled in a Federally recognized tribe contact:

U.S. Department of the Interior Bureau of Indian Affairs Northwest Regional Office Division of Probates
911 NE 11th Avenue
Portland, Oregon 97232-4169
Phone: (503) 231-6786 or 231-6705
Fax: (503) 736-4474 or 231-2105

For enrolled decedents of the Ozette and Makah tribes contact:
Makah Tribal Council Phone:
(360) 645-3106 or 3125
Attn: Realty Office, Probates Fax: (360) 645-3126
P.O. Box 115
Neah Bay, WA 98357-0115

For enrolled decedents of Federally recognized tribes not mentioned above contact the Bureau of Indian Affairs agency for their tribe for forms and instructions.

The appropriate Federal or Tribal Probate Office will provide forms and instructions to initiate probate of land and money held in trust by the U.S. government. Buildings, fences and other land improvements on land held in trust by the U.S. government are not included in the land title and are considered chattel, not real estate. Probate of buildings and other chattel on trust land within the Quinault Indian Reservation is processed by the Quinault Tribal Court, P.O. Box 99, Taholah, WA 98587, phone (360) 276-8215, Fax (360) 276-4606, toll free (888) 616-8211.

If there is a Will it is usually best to file the original Will with the state court that is applicable for the residency of the decedent. The U.S. Department of the Interior, Bureau of Indian Affairs; the U.S. Department of the Interior, Office of Hearings and Appeals; and the appropriate Tribal agency (if applicable) accept a state court certified copy of a Will. Once the appropriate documentation is ready it is sent to the Regional Office of the Bureau of Indian Affairs to present the formal Federal probate request to the U.S. Department of the Interior, Office of Hearings and Appeals for a hearing and determination order by a U.S. Department of the Interior administrative law judge. After the administrative law judge issues the determination order, it is then sent to the Bureau of Indian Affairs and the Office of the Special Trustee for American Indians, plus other Federal and tribal agencies, as appropriate, for implementation.

Fee Simple Probate JDB Jul 2014 Quinault Indian Reservation

Probate of Fee Simple land interests on the Quinault Indian Reservation is processed by:

The Superior Court of Washington Phone: (360) 249-3842 Grays Harbor County FAX: (360) 249-6381 Attn: County Court Clerk
102 W. Broadway Avenue, Room 203 Montesano, WA 98563-3621