Heirs' Property: What Families Need to Know

Heirs' property is land passed down without a will or clear legal transfer, so it's owned jointly by all the legal heirs. Over generations, dozens of relatives can end up sharing ownership.

Why It Matters

• It can be hard or impossible to sell, refinance or get a loan
• Owners may not qualify for disaster aid, farm programs or tax exemptions
• Any co-owner, or an investor who buys one share, may be able to force a partition sale of the whole property

First Steps

• Gather deeds, tax records, wills and death certificates
• Build a family tree of everyone who may hold an interest
• Keep property taxes current
• Talk with a real estate or probate attorney, or a legal aid organization, about clearing title
• Ask whether your state has adopted the Uniform Partition of Heirs Property Act, which adds protections for heirs