Backlog of 48,000 tribal probate cases spurs concern from Interior Secretary

In a recent budget hearing before Congress, Secretary of the Interior Doug Burgum revealed a massive backlog of probate cases affecting tribal communities, describing the situation as both a legal and moral failure by the federal government.

The Department of the Interior has identified more than 48,000 unresolved probate cases related to tribal trust lands across the United States—some of which have stalled for generations, tying up property and mineral rights and leaving families without access to assets that are legally theirs.

“At first glance, we could be staring at a half-a-billion-dollar problem,” Burgum told lawmakers. “It’s a trust responsibility for the federal government to be taking care of the resources of our tribal partners—and we can’t even process these basic functions for them. I mean, no other community would put up with this.”

The issue directly impacts tribal trust land, which is legally held by the federal government. That means land cannot be sold, gifted, or leased without federal approval. The delays have left landowners in limbo, unable to access or make decisions about their inheritance.

Burgum said that the backlog is a symptom of systemic underfunding and outdated infrastructure within the Bureau of Indian Affairs, pointing specifically to underinvestment in IT systems.

“This is in our hands, and we’ve got to figure out the systems,” he said. “This goes back to an underspend on IT.”

Impact in Oklahoma

Oklahoma—home to 38 federally recognized tribes—was singled out by name during the hearing. While the scale of the problem varies, even tribes with fewer federal probate cases are feeling the effects.

Audria Holuby, who manages probate issues for members of the Muscogee Nation, said that for tribes in the eastern part of the state, the situation is slightly different due to the classification of land.

“The Five Tribes have what we call restricted Indian property, and that is different than all the rest of the tribes in the U.S. that have trust property,” she explained. “We are bound by the state courts.”

Even so, Holuby noted that some cases still sit unresolved for years.

“One that we've got waiting—they want to sell it, and they can’t sell it,” she said.

Burgum is urging Congress to appropriate additional funding to address the issue and modernize federal systems that handle tribal land and probate.

Oklahoma Representative Tom Cole was present at the hearing. News On 6 reached out to his office for comment, but has not received a response as of publication.