Heirs’ property is the term used for land owned by numerous family members who received it as an inheritance, after their ancestor has died without a will. Most common amongst African Americans living in the South, heirs’ property results in part from inadequate access to estate planning resources and tools including sound legal advice and well-drafted wills.

After generations of land transfer through intestacy, numerous descendants may have a fractional interest in the property. These multiple interests result in tenancies in common. Tenancies in common provide each owner an undivided interest with the right to use and possess the property. A tenant in common, however, may sell or transfer their interest any time during their life or at death without consulting their fellow tenants. This is true regardless of how small or large the interest held.

When a tenant transfers their interest to someone outside the family it is likely a partition action will soon follow.