Heirs’ property is created when a landowner dies without a will or dies with a will leaving the property to multiple beneficiaries without clear delineation of who owns what part of the land. The descendants, or heirs, have the right to use the property, but, most often, they do not have a clear or marketable title to the property since ownership is unresolved due to a lack of clear documentation such as a deed or will.

Instead of heirs each owning their own piece of the land, they instead own the property in a form of joint ownership as tenants in common — they each own an interest in the entire, undivided land. No one can point to a particular acre and say: “I own that land. You don’t.” For the heirs, owning property as tenants in common (at times, without clear title) can lead to many problems down the road. See this John D. and Catherine T. MacArthur Foundation MacArthur Fellow video for a concise overview of the issue.