WHAT IS HEIR PROPERTY?
Heir Property is land that is owned by two or more people, usually people who are related to a common ancestor who has died without a will. The legal description of these owners is "tenants in common."
HOW IS HEIR PROPERTY CREATED?
Heir property is created when a landowner dies without a valid, probated will. When this happens, ownership of the land is determined by state law, and the land is conveyed to all of his or her "heirs at law," generally some combination of spouse, children, siblings or, if those relations are deceased, the offspring thereof.
HOW IS OWNERSHIP OF HEIR PROPERTY DETERMINED?
If a person dies without a valid, probated will, state law decides who will receive a portion or all of the property held by the deceased.
All living, direct descendents of the person who died will become owners of some portion of the deceased's property, as determined by state law.
Those who will receive some of this property, as mandated by the state, will become owners of a "fractional, undivided interest in the entire piece of property," meaning that each heir (tenant in common) has his or her own individual, "fractional interest" in the entire piece of property. In other words, each tenant in common owns an undivided share of the whole piece of property.
WHAT PROBLEMS ARE CAUSED BY HEIR PROPERTY?
Access to Property Value: If a person owns heir property with other tenants in common, no one is able to access the value of the land. A mortgage cannot be obtained for home improvement, business purposes, a child's tuition, or any other important financial need.
Tax Sales: It may be difficult to determine responsibility for the payment of property taxes. If these taxes go unpaid, the property may be sold at a tax sale.
Partition Actions: Any one of the owners of heir property can ask a court to "partition" the property - either divide the land physically among all owners or sell it and distribute the proceeds among owners. Any owner can sell his or her fractional interest to anyone else, even to a non-relation, and that new owner can ask a court to partition.
Usage: Every tenant in common has equal right to use the whole property and to account for any profits.
MYTHS OF HEIR PROPERTY OWNERSHIP
►						If I live on the land, I have a greater interest than others.
►						If I pay taxes on the land even if I don't live on it, I have agreater interest.
►						If I build a house or a business on the land, I have greater interest.
►						If I plant crops or timber, and harvest that crop of timber, on the land, I have a greater interest.
►						If my family members who also own part of the land verbally tell me the land is mine, I now own the land.
►						If I live on the land, pay taxes, and am the only family member who takes care of the land, I own it.