Progress Points: Heirs’ Property

To address vacant, abandoned, and deteriorated (VAD) properties, local governments must first identify what types of VAD properties exist in the community. Some properties are abandoned with no mortgage and near tax foreclosure. Some fall into disrepair during a long mortgage foreclosure process. In other cases, a property owner may die without a will, passing the property to multiple heirs and creating “heirs’ property.” The lack of a clear plan of a succession can set properties on the path to deterioration and abandonment.

What is Heirs’ Property?

When a property owner dies without a will or estate plan, state laws governing inheritance determine how the property is passed to family members legally entitled to it. Probate courts can clarify the distribution of real property (e.g., land and buildings), but some family members may be unaware of probate, lack the resources to use it, or distrust the system.

These unresolved property issues become more complex over time, especially with multiple heirs, or when heirs pass away, leaving their interest to other relatives. Resolving this heirs’ property phenomenon—also referred to as tangled title, family property, or family land—requires tracking down all living heirs to clear the title and specialized legal expertise. This process is complex and often unaffordable for many families, especially if several generations have gone by since the original title owners passed.

Download this factsheet to learn more about heirs’ property, and why it’s important to address it if a community is concerned about preventing future property vacancy, abandonment, and deterioration.