Taxes

Visit your county tax assessor’s office and ensure that property taxes are paid and current. If you are in default, be sure to pay the taxes and any fees and interest you may owe. If you have a dispute regarding the amount of the taxes, first pay them and then take steps to appeal the bill. Also, make sure the tax assessor’s office has the current address of the person who will keep track of taxes.

Last Will and Testament

Leaving a will that states the division of property prevents the formation or further division of heirs property. Wills and estate plans should specify at the parcel or parts level who should receive a property to avoid clouded title. Even if your share of the property is undivided, it is important for you to leave your interest in a will to those you want to receive it. This prevents further division of interests, and when steps are taken to clear the title, the search will eventually reach your descendants, who will receive their due.

Secure the Property

It is important for at least one owner to check on the property regularly. Physically walking the property and buildings on the land is a way to discover any current issues or potential issues. Ensure that the boundary lines are secure and that no one has encroached or trespassed on the land. Consider installing boundary markers, fencing, or gates if none are present. Install “no trespassing” signs to deter unauthorized and uninvited visitors. Also, look for any signs or notices that have been posted on the property by someone else.

Legal documents, such as birth and death certificates and marriage licenses, can help construct a family tree.

Expenses

Keep track of all expenses related to the property. This includes taxes paid, landscaping, repairs, or any improvements to structures or the land that would increase the property’s value. If a partition sale is forced, you may be entitled to a larger share of the proceeds.

Family Tree

Construct a family tree. Figure out whose name is on the deed and fill in each succeeding generation, including dates of death. Legal documents, such as birth and death certificates and marriage licenses, can help construct a family tree. Family bibles, letters, diaries, funeral programs, obituaries, genealogy websites, and family reunions are also good sources of information.

Legal Assistance

If your land is being threatened, get a lawyer. While many cases can be settled out of court, few can be settled without a lawyer. A lawyer can ensure that your landowner rights are protected and help you decide which option is best for your family. Some organizations provide free legal services for qualified low-income residents. See a list of heirs property resources on the Alabama Extension website at aces.edu/go/heirsproperty.

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