Heirs’ property is family-owned real estate passed down without a will or clear title. Over time, ownership may become divided among many relatives, making the property difficult to sell, finance, improve, or transfer. Real estate professionals can help families recognize potential title issues and connect them with qualified legal and community resources.
Heirs’ property can put a family’s home and generational wealth at risk when a homeowner dies without a will or other estate plan. Ownership may pass to multiple heirs, creating a “tangled title” that can make the property difficult to maintain, finance, sell, or transfer, and leave the family vulnerable to a forced sale. REALTORS® can use this page to understand the issue, connect clients with estate-planning information, and share trusted resources in their communities.
Americans don’t have an inheritance plan for their property. That puts their most valuable asset at risk.
NAR endorses the Uniform Partition of Heirs Property Act. The law has been enacted in 27 states, with state REALTOR® associations helping secure passage in several of them.
Every co-owner is informed before a partition case moves forward.
The court sets fair market value up front.
Family members get the first chance to buy out the interest.
If a sale happens, it is overseen to protect value.
clear estate plan puts homeowners in control. It can help ensure property passes according to a homeowner’s wishes, reduce stress and costs for loved ones, and provide families with greater clarity about the future of a home.
✓ You decide who inherits your home.
✓ Your family has clarity and fewer costs.
✓ Heirs can refinance, repair and access benefits.
✗ The state decides who inherits your home.
✗ Probate can be difficult, expensive and stressful.
✗ Heirs face tangled title and risk of a forced sale.
NAR partnered with Professor Thomas Mitchell’s Institute for Land, Housing and Property Rights at Boston College Law School to develop practical materials on heirs’ property, estate-planning basics, and steps families can take to protect their homes. REALTORS® can share these resources with clients and community partners to raise awareness, encourage advance planning, and prepare homeowners for conversations with qualified legal professionals. The materials also identify no-cost or low-cost legal assistance when available.
In partnership with the Institute for Land, Housing and Property Rights, Boston College Law School.
Ask a REALTOR®, family, friends or a local bar association for referrals.
Fees vary. Ask what the attorney charges for the specific tasks you need
Try your state bar’s pro bono referral program or a local law school.
Share your plans so everyone knows what to expect.
Bookmark this page for updates on NAR’s advocacy, education, and tools for helping clients and communities protect homes and generational wealth.
