Heirs’ property, in plain language.

Heirs’ property

Real estate left by an owner who has died and held by their heirs without a formal transfer of title.

Tangled title

A title that no longer matches who actually holds the property, usually because of one or more owners who have died.

Tenancy in common

Co-ownership in which each owner holds an undivided share of the whole property.

“many uses of the land and property require unanimous consent among all heirs”

USDA ERS, Burnett & Winters-Michaud (2025) · page 618

Intestacy

Dying without a will, so state law decides who inherits.

Probate

The court process that recognizes a will or appoints someone to settle an estate and move title.

“written consensus among all living heirs”

Housing Assistance Council for Fannie Mae (Dec 2023, corrected Mar 2024) · page 10

Partition sale, or forced sale

A court-ordered sale of a co-owned property when co-owners cannot agree.

“Heirs property owners are vulnerable to forced sales and property loss”

Housing Assistance Council for Fannie Mae (Dec 2023, corrected Mar 2024) · page 4

TOD deed

A transfer-on-death deed, which names who receives the property at the owner’s death without probate.

Right of survivorship

A co-owner’s right to take a deceased co-owner’s share automatically.

Anticommons

A property that many people may block but none can use freely.

“under-used and under-developed”

USDA ERS, Burnett & Winters-Michaud (2025) · page 622

Many states have adopted this model law. Whether a given state has, and what its version says, varies, so check the state’s own statute. Where it applies, the Act adds protections for co-owners before a court orders a sale of heirs’ property.

Read more: Uniform Law Commission (search “Partition of Heirs Property Act”) · National Agricultural Law Center (heirs’ property state survey)

This page is general information, not legal advice.