Foreword

It has been more than 15 years since this publication was first released. Since that time, the topic of heir property has gained substantial attention from legal services, academic researchers, and even the popular press. Yet issues surrounding real property owned by heirs of an individual who died without a will remain. Property represents legacy—hard work, intentions, and hopes for the future. When the title to property becomes clouded, such legacy may be fraught with discord that often accompanies complex family and generational dynamics. This is to say nothing of the economic limitations faced when there is a lack of formal estate strategy or legal proceedings to clear title. Yet family land remains an important source of generational wealth and one worth preserving. Publications like this represent a starting point: to recognize potential, ask questions, have challenging discussions, and navigate complex but worthwhile processes. This publication is being adapted and updated to reflect regulatory changes affecting legal protection and available assistance services. Hopefully, it can be a useful tool for families in Alabama and beyond to take the steps needed to secure their legacy and empower them to make decisions for themselves and future generations.

Janice Dyer, Original Author, Heir Property in Alabama, 2008, Heirs’ Property Expert

Property represents legacy—hard work, intentions, and hopes for the FUTURE. Family land remains an important source of generational wealth and one WORTH PRESERVING.

Alabama Heirs Property Alliance

The Alabama Heirs Property Alliance focuses on addressing heirs property issues that are impacting Alabama landowners, residents, and communities. These efforts are thanks to a collaboration among the Alabama Cooperative Extension System, Alabama A&M University, Auburn University, and Tuskegee University. Drawing on the research, teaching, and Extension land grant mission, the alliance seeks to provide the transfer of research-based knowledge and technical assistance to enhance economic and social well-being of Alabamians through the resolution and prevention of heirs property. Other resources are available at aces.edu/go/HeirsProperty.

Contents

• Foreword — Page 7
• Heirs Property Ownership — Page 9
• Laws of Descent and Distribution — Page 11
• What Happens When You Die Without a Will —Page 13
• Disadvantages of Heirs Property — Page 15
• Partition Actions — Page 19
• Tax Sales — Page 23
• Steps to Protect Your Land — Page 25
• Resolving Heirs Property — Page 27
• Costs to Clear — Page 31
• Clarifying Title to Heirs Property — Page 34
• Hiring an Attorney — Page 36
• Frequently Asked Questions — Page 38
• Key Terms* — Page 40

*Bold-faced words can be found in the key terms on pages 40–42.

Portia Johnson, Extension Specialist, Assistant Professor, Human Sciences; Ryan Thomson, Assistant Professor, Rural Sociology; Adam Rabinowitz, Extension Specialist, Associate Professor, Agricultural Economics; and Katie Keown, Visiting Professor, Agriculture Law, all with Auburn University

Revised July 2024, Heirs Property in Alabama, HE-0852

Contributors

Robert Zabawa, Research Professor, Agricultural and Resource Economics, Tuskegee University; Danielle Rudolph, Site Director Virginia Caples Lifelong Learning Institute, Alabama A&M University; Alaundra Shealey, Post Doctorate Researcher, Auburn University; Evan White, Undergraduate Assistant, Auburn University; Conner Bailey, Professor Emeritus, Rural Sociology, Auburn University; Jacy Fisher, Senior Associate Attorney, Gregory Varner & Associates; and John J. Green, Director and Professor, Southern Rural Development Center

Disclaimer

This guide is intended to provide heirs property owners with basic information on landowner rights and responsibilities. It is not a replacement for professional legal advice or assistance.

This work is supported by the Agriculture Research Enhancement and Seed (ARES) Alabama Agricultural Experiment Station (AAES) grant funding program at Auburn University, FY2023 AAES/ARES Grant Capacity Building for Heirs Property Owners in Alabama.

Any opinions, findings, recommendations, or conclusions expressed in this publication are those of the authors and do not represent any official ARES or AAES determination or policy.