Heirs' Property Presentation: Learn the risks and rights of heirs property.

Heirs’ property is family owned land that is jointly owned by descendants of a deceased person whose estate did not clear probate. The descendants, or heirs, have the right to use the property, but they do not have a clear or marketable title to the property since the estate issues remain unresolved.

Land is passed down without a will or deed to prove ownership. Each successive generation generally results in more heirs being added to the land inheritance. The absence of the deed or will becomes more complicated and grows by generation as time and people pass.

Without proof of ownership, it may become difficult for heirs to obtain federal benefits for farms and could also force partition sales by third parties.

The 2018 Farm Bill authorized alternative documentation for heirs’ property operators to establish a farm number. A farm number is required to be eligible for many different USDA programs, including lending, disaster relief programs, and participation in county committees.