Need info on ‘heirs property’? NALC publishes research-based resource on state heirs property laws
The 50-state survey documents various methods states offer to resolve heirs property situations.
By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
Nov. 14, 2024
Fast facts:
- NALC state compilation reviews state approaches to heirs property
- Resource is available online
- Upcoming webinar will review findings from the compilation
(475 words)
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FAYETTEVILLE, Ark. — 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.
About the National Agricultural Law Center
Created by Congress in 1987, the National Agricultural Law Center serves as the nation’s
leading source of agricultural and food law research and information. The NALC works
with producers, agribusinesses, state and federal policymakers, lenders, Congressional
staffers, attorneys, land grant universities, students, and many others to provide
objective, nonpartisan agricultural and food law research and information to the nation’s
agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and
works in close partnership with the USDA Agricultural Research Service, National Agricultural
Library.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen
agriculture, communities, and families by connecting trusted research to the adoption
of best practices. The Division of Agriculture conducts research and extension work
within the nation’s historic land grant education system through the Agricultural
Experiment Station and the Cooperative Extension Service.
The Division of Agriculture is one of 20 entities within the University of Arkansas
System. It has offices in all 75 counties in Arkansas and faculty on five system campuses.
The University of Arkansas System Division of Agriculture is an equal opportunity/equal
access/affirmative action institution. If you require a reasonable accommodation to
participate or need materials in another format, please contact dviguet@uark.edu as soon as possible. Dial 711 for Arkansas Relay.
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Media contact:
Drew Viguet
Communications & Special Projects Coordinator
National Agricultural Law Center
dviguet@uark.edu