Heirs property is land owned commonly by the descendants (or heirs) of someone who has died without a will or has an improperly written will, or whose estate was not offered for probate. In the United States, the concept of heirs property is rooted in the systematic exclusion of minorities from property ownership and rights. After the Civil War, many Blacks were deeded land by others or purchased land for themselves. During this time, many landowners did not leave written wills due to laws against teaching enslaved people to read and write and later to restrictive Jim Crow laws. A tradition of verbal bequeaths—or informal methods of passing down wealth and property—remains common today in many minority communities. However, many state laws do not recognize verbal bequeaths, resulting in heirs property.

Today, heirs property is not exclusive to any ethnicity or race. Lack of access to legal resources and knowledge about property rights, distrust in local governments, and cultural traditions of communal or collective land ownership are factors that contribute to heirs property ownership. Those most often impacted are Black, Hispanic, Appalachian, rural or agricultural, indigenous, low income, and marginalized communities across the United States.

While many co-owners enjoy the flexibility and sense of community heirs property fosters, the title to such property is usually clouded. There are several disadvantages to keeping land under a clouded title instead of a clear title. Problems such as forced tax sale and partition sale often lead to nonfamily members buying the land. The absence of clear title means heirs are unable to use the property as collateral for mortgages or gain access to many government programs. Thus, holding land as heirs property causes land and wealth loss, contributing to the wealth gap among racial and ethnic minority groups.

Many misconceptions surround heirs property, and confusion and conflict often occur among heirs. It is important to know the risks, laws, rights, and responsibilities of land ownership and the proper steps to protect land and options for clearance and land use.

Holding land as heirs property causes land and wealth loss.

Alternative Terms for Heirs Property

• Co-owned property
• Family land
• Fractionated property
• Inherited property
• Intestate property
• Informal land ownership
• Joint ownership without survivorship rights
• Shared land ownership
• Tenancy in common
• Undivided property
• Clouded title

Back to Heirs Property in Alabama

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