Need Info On ‘Heirs Property’? NALC Publishes Research-Based Resource On State Heirs Property Laws

DREW VIGUET

FAYETTEVILLE, ARKANSAS

Tenancies in common, often referred to as “heirs property,” create real challenges to the survival of farming operations and, sometimes, to the family unit itself.

 Heirs property occurs when a landowner passes away without a will or estate plan, or if an estate plan divides land equally among the heirs. This can leave numerous family members with equal, undivided ownership interests in the property and a lack of clarity on how the land can be used or sold. Multiple owners can create challenges such as obtaining financing, paying property taxes and making management decisions.

If a family finds itself in an heirs property situation, what can be done to resolve it? A new resource from the National Ag Law Center, or NALC, aims to help answer that question by compiling various heirs property laws into one resource: an Heirs Property State Survey.

Rusty Rumley, a senior staff attorney at the NALC, said the NALC receives numerous messages about heirs property each year.

“Heirs property is not a situation that arises overnight,” Rumley said. “Heirs property situations make things hard on the family. And, if left unresolved and generations pass, the issue grows more complicated. Heirs property situations can also result in the loss of family land entirely.”

The Heirs Property State Survey looks at all 50 states, documenting the various methods, short of formal lawsuits, that are offered to “clear title” — legally determine who owns the property and obtain a deed — to heirs property. The survey was conducted by Jesse Richardson, professor of law and lead land use attorney at West Virginia University College of Law, and Jill Apter, NALC research fellow and student at Michigan State University College of Law.

The resource is available on the NALC website. A companion report, which expands on the survey’s findings, is also available online.

Approaches to resolving heirs property issues are organized into five categories in the survey: partition, judicial proceedings for estate administration, informal probate, affidavit of heirship, and Marketable Record Title Acts, or MRTAs.

“State laws across the country, even regarding the same issue, can vary widely from state-to-state,” Rumley said. “So, it’s important to have a single resource which people can obtain information relevant to their specific state. Jesse and Jill have done an excellent job compiling this heirs property information into a single resource for landowners and state lawmakers.”

To view more of the NALC’s state compilation resources, visit the State Law Clearinghouse webpage.

Webinar opportunity

Richardson and Apter will be discussing their findings from the survey during the NALC’s Nov. 20 webinar, “State Approaches to Clearing Title to Heirs Property.” The webinar will begin at 11 a.m. Central/Noon Eastern and registration is available at no cost online.

The NALC offers email communications regarding webinar announcements, quarterly newsletters, and The Feed newsletter. The NALC is also on X, Facebook and LinkedIn.  ∆

DREW VIGUET: University of Arkansas