What is Heirs’ Property?
Heirs’ property refers to land or real estate that has been inherited by multiple family members, usually without clear legal title or will. This often happens when the property owner dies intestate (without a will), and the land is passed down to their heirs under state inheritance laws.
Key Issues with Heirs’ Property
● Without a clear title, heirs may struggle to sell, mortgage, or improve the property. For instance, a family might inherit land but finding unclear ownership prevents them from selling or securing a loan.
● There’s also the risk of a forced sale, where any co-owner can initiate a partition action, leading to the property being sold at below-market value—such as when one sibling forces the sale of family land, resulting in a financial loss.
● Unclear titles create barriers to loans or development, as banks often require clear ownership to offer financing. This can prevent a family from getting a loan to build on their inherited land.
● Many families lose generational wealth due to legal and financial complications, preventing them from passing down land to future generations—like when unresolved title issues cause a family to lose inherited land, forfeiting long-term wealth.
What can we do for you?
The Heirs’ Property Program of North Mississippi Rural Legal Services can assist those who inherit property without clear ownership records. We can help draft wills, transfer on death deeds, quit claim deeds, and affidavits of heirship to prevent disputes and protect your family’s property.
Contact us at 1-800-498-1804.
Four Services We Provide:
1. Transfer on Death Deed (TODD):
This can help avoid Medicaid Estate Recovery by ensuring that your property bypasses probate and directly transfers to your designated beneficiary upon your death.
Information Needed:
Grantor (Owner) Information-
Full legal name, address, marital status, phone number
Grantee (Beneficiary) Information-
Full legal name, address, phone number, and relationship to grantor (if applicable)
Property Information-
Legal description of the property (found in existing deed or property tax records)
Physical address of the property
Title Information-
Current ownership structure (e.g., sole owner, joint tenants, etc.)
Any existing liens or encumbrances on the property.
Designation of Beneficiary-
Primary Beneficiary (individuals, trusts, etc.)
Contingent beneficiary (if the primary cannot inherit)
Percentage of Ownership (if multiple beneficiaries)
2. Quit Claim Deed
This type of deed transfers whatever interest the grantor has in the property to the grantee (the recipient) without any warranties or guarantees about the title. The grantor gives up all ownership rights immediately.
3. Quit Claim Deed Reserving Life Estate
In this version, the grantor transfers the property but reserves a life estate, meaning they retain the right to use, live in, and control the property for the rest of their life. The grantee (usually an heir) receives full ownership rights only after the grantor dies.
Information Needed for Quit Claim Deeds:
Grantor (Owner) Information-
Full legal name, address, marital status, phone number
Grantee (Beneficiary) Information-
Full legal name, address, phone number, and relationship to grantor (if applicable)
Property Information-
Legal description of the property (found in existing deed or property tax records)
Physical address of the property
Title Information-
Current ownership structure (e.g., sole owner, joint tenants, etc.)
Any existing liens or encumbrances on the property.
Designation of Beneficiary-
Primary Beneficiary (individuals, trusts, etc.)
Contingent beneficiary (if the primary cannot inherit)
Percentage of Ownership (if multiple beneficiaries)
4. Affidavit of Heirship
This is a legal document used to establish the rightful heirs of a deceased person when they die without a will (intestate). In Mississippi, an Affidavit of Heirship can help transfer ownership of real property and other assets without formal probate.
Information Needed:
Deceased Person’s (Decedent) Information-
Full legal name, Date of Birth and Date of Death, Last known address, Marital status at time of death, Date and place of death (attach death certificate if available), whether the decedent had a will (if no, state that they did intestate)
Real Property Information-
Legal description of the property (found in existing deed or property tax records)
Physical address of the property
Heirs’ Information-
Full names, addresses, phone numbers, relationship to the decedent of all known heirs (e.g., spouse, children, siblings, etc.)
Whether any heirs have passed away
Statement regarding illegitimate or adopted children
Marital and Family History-
Spouse’s name, names of all children, previous marriages and any children from them, whether the decedent had any children outside of marriage.
Debt and Claims Information-
Statement regarding known debts/claims against the estate
Confirmation of whether debts have been settled
Affiant’s Information (Person Swearing the Affidavit)-
Full legal name, address, phone number, and relationship to deceased
A statement affirming their personal knowledge of the decedent’s family and estate