Property and its heirs

Heirs’ property generally consists of land passed down without a will to many different decedents, meaning a 40-acre plot could have over 200 heirs holding divided interests in the property. The Uniform Partition of Heirs Property Act passed in 2016 gives legal protections to this vulnerable class of landowners against forced partition sales, which occurs when anyone who owned an interest in the property, no matter how small and regardless of whether they lived on the land or not, forces all owners to sell. The intent of the Uniform Partition of Heirs Property Act is to protect landowners who wish to keep land in the family.

However, the law does not address all heirs’ property problems caused by an absence of a will. Some problems still remain. For instance, lack of clear landownership disqualifies heirs’ owners from USDA assistance, from collateral on mortgages, or from contracting the land out to timber companies.

First, efforts should be made to educate heirs’ owners on their property status so they can begin contacting and clarifying co-ownership of the property. Second, education opportunities for attorneys should be made available with regards to the new law. Legal assistance such as helping heirs create a trust or Limited Liability Corporation that outlines clear ownership of the land will help these property owners decide how best to manage their property. ASHLEY WOFFORD Conway