What’s Inside?

Inside, you will find valuable insights to help you protect and preserve your family’s heritage for generations to come.

What is Heirs Property?

Heirs property is property (land and buildings on the land) passed down informally from generation to generation, generally without a will. The property is usually inherited as heirs property because the person passed without a will or the will was not properly administered or probated. All heirs own the property equally and must all agree on how the property is used, maintained, or sold.

Heirs property presents unique challenges that require careful attention and proactive measures to address effectively. By understanding these challenges and exploring potential solutions, heirs can protect and preserve their valuable land heritage for future generations.

Common Heirs Property Issues

Lack of Clear Title

Due to the absence of clear legal documentation, heirs property often lacks a clear title, making it vulnerable to disputes and legal challenges.

Fragmentation of Ownership

With multiple heirs sharing ownership, decision-making regarding the property can become complicated, leading to disagreements and conflicts among family members.

Limited Access to Resources

Heirs property owners may face challenges in accessing resources such as loans, grants, or government programs due to the uncertain legal status of the property.

Risk of Forced Sale

Without proper legal protections, heirs property can be at risk of being sold involuntarily, often resulting in loss of land and heritage for the family.

Neglected Property Maintenance

Disputes among heirs can lead to neglect of property maintenance, resulting in deterioration and reduced property value over time.

Potential Solutions

Clearing Title

Work with legal professionals experienced in heirs property issues to establish a clear title through legal processes such as quiet title actions or partition actions.

Establishing Ownership Agreements

Create formal agreements among heirs outlining rights, responsibilities, and decision-making processes regarding the property to mitigate conflicts and ensure effective management.

Seeking Legal Assistance

Consult with attorneys specializing in property law to navigate the complexities of heirs property and explore available legal remedies and protections.

Utilizing Conservation Easements

Consider placing conservation easements on the property to protect it from development and provide potential tax benefits while preserving its natural and cultural heritage.

Educational Resources and Support

Take advantage of educational workshops, resources, and organizations dedicated to heirs property issues to gain knowledge and support in managing and preserving the property.

Alabama Heirs Property Alliance

The Alabama Heirs Property Alliance is a collaborative approach to educating, equipping, and empowering heirs through the Alabama Cooperative Extension System and Alabama A&M, Auburn, and Tuskegee Universities. Visit us online at aces.edu/go/heirsproperty.

Alliance Team Members

• Folashade Adalumno-Ntam
  • Postdoctoral Researcher, Tuskegee University
• Ajoa Brothers
  • Outreach Programs Administrator, Beginning Farmer Business Planning, Auburn University
• Portia Johnson
  • Assistant Professor & Extension Specialist, Auburn University
• Katie Keown
  • Estate Planning, Auburn University
• Adam Rabinowitz
  • Associate Professor & Extension Economist, Auburn University
• Jamie Mardis
  • Outreach Programs Administrator, Heirs Property, Auburn University
• Danielle Rudolph
  • Virginia Caples Lifelong Learning Institute Program Coordinator, Alabama A&M University
• Ryan Thomson
  • Assistant Professor, Auburn University
• Robert Zabawa
  • Research Professor,Tuskegee University