Did you know that heirs’ property affects the ownership of an estimated 9 million acres across the U.S.? Heirs’ property is family-owned land that is jointly owned by descendants of a deceased person whose estate did not clear probate. In essence, this means that the descendants, or heirs, have the right to use the property, but there is no clearly established legal ownership of the parcel. 

This happens when someone passes away and there is no legal will in place that names a beneficiary to whom their property will pass. Often, multiple generations are added without clear ownership being established, and this further complicates the situation, as each heir has equal interest in the parcel.  

Having an unclear title can make participating in USDA Farm Bill programs, offered by the NRCS and the FSA, difficult or impossible. However, the 2018 Farm Bill established alternative ways for operators on heirs’ property to prove ownership, obtain a farm number, and participate in these programs. This fact sheet provides more information about that process. 

Heirs’ property also faces additional threats to sale and development. It is not uncommon for a third party to acquire a small share of interest in the land through one of the heirs, use this interest to file a partition action, and force a sale of the land. In some cases, developers have been able to obtain property through this method at a fraction of market value.  

Introduced in 2010, the Uniform Partition of Heirs’ Property Act (UPHPA) provides a series of simple due process protections: notice, appraisal, right of first refusal, and a sale supervised by the court to ensure all parties receive their fair share of the proceeds should no heirs elect to purchase the parcel. Currently, 26 states have enacted UPHPA or a substantially similar law. The Uniform Law Commission tracks updates on the passage of this act across the U.S. and its territories. UPHPA does not solve all of the issues revolving around heirs’ property, but it is a step in the right direction for supporting these landowners. 

If your state has not yet enacted UPHPA, consider talking with an expert to understand the impact UPHPA could have in your state or if a similar law has already been put in place. A list of organizations that may be able to help is linked at the bottom of this article.  

States that have enacted the Uniform Partition of Heirs’ Property Act  

Current as of September 2025 

Support of UPHPA and other polices that protect heirs’ property owners was also voted on by NACD’s national board and adopted in our 2025/26 policy book. Our policy book helps provide context and support for the advocacy work of NACD, including for issues like heirs’ property.  

In this case, our adopted position allows NACD to support resources, outreach, training, and other efforts to promote uniform partition of heirs’ property. We also support additional federal policies that provide protections for heirs, including notice, appraisal, and right of first refusal to prevent ownership loss of working lands with conservation potential. Dues-paying members can view the entire NACD policy book on our Members Only page. All members are represented by their NACD State Board Member, and we encourage you to reach out to them about this policy or others if you have questions about the process. 

Heirs’ property is a complex set of legal issues affecting millions of acres across the country. As a district board member or employee, you can pass on this information to local operators affected by these issues and recommend that they speak with their local USDA staff about a pathway to participating in Farm Bill programs.  

It is likely that the help of a real estate attorney will be needed to resolve ownership of the parcel. Organizations that specialize in navigating heirs’ property issues and providing legal assistance to these landowners are listed at the end of this document. Organizations that specialize in specific states or regions can be found online. 

Additionally, you should emphasize the importance of producers working with an estate planner to ensure they have a clear and executable will that accounts for all of their property. Preventing land from becoming heirs’ property is the best way to safeguard working lands and ensure future operators can access USDA programs easily.  

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Resources for Heirs’ Property Landowners 

Center for Heirs’ Property 

Land Trust Alliance’s Heirs’ Property Toolkit  

Heirs’ Property Practitioner Network  

NC A&T State University Heirs Property Program  

Freedman Heirs Foundation 

Vermont Law’s Suggestions for Heirs’ Property Owners 

Prairie View A&M Heirs’ Property Program  

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Other Resources Referenced in this Article 

USDA – Heirs’ Property Landowners 

USFS – How Much Heirs’ Property is There? 

Uniform Law Commission – Uniform Partition of Heirs’ Property Act 

JPMorganChase Press Release on Heirs’ Property