SFOP Resource
Heirs' Property
Understanding heirs' property, why it puts land and USDA benefits at risk, and the documents, websites, and training available to help.
The Issue
What Is Heirs' Property?
Heirs’ property is family owned land that is jointly owned by descendants of a deceased person whose estate did not clear probate. The descendants, or heirs, have the right to use the property, but they do not have a clear or marketable title to the property since the estate issues remain unresolved.
Land is passed down without a will or deed to prove ownership. Each successive generation generally results in more heirs being added to the land inheritance. The absence of the deed or will becomes more complicated and grows by generation as time and people pass.
Without proof of ownership, it may become difficult for heirs to obtain federal benefits for farms and could also force partition sales by third parties.
The 2018 Farm Bill authorized alternative documentation for heirs’ property operators to establish a farm number. A farm number is required to be eligible for many different USDA programs, including lending, disaster relief programs, and participation in county committees.
Resources
Helpful Documents
Training materials, fact sheets, and forms for heirs’ property owners.
Heirs Property PPT VSU 8/29
Heirs Property 101 Training
Heirs Property Power Point 8/28/24
SFOP Heirs Property Training Handout 8/28/24
General Heirs
Heirs Property Legal Issues Virginia
Heirs Property Factsheet
SFOP Heirs Property Checklist Tool
Farm Transition Resources
Definitions Key Terms Handout
Winter Conference PPT
Report Heirs Property Keeping It In The Family
External Resources
Heirs’ Property Helpful Websites
Black Family Land Trust: BLACK FAMILY LAND TRUST, INC - Home bflt.org
Southern Rural Development Center: Home | Southern Rural Development Center msstate.edu
Center for Heirs Property Preservation: Center for Heirs Property Preservation | South Carolina
USDA Heirs Property Landowners: Heirs’ Property Landowners | Farmers.gov
Generation NEXT Program: https://sites.google.com/vt.edu/generationnext/home
Virginia Lawyer Referral Service – a service of the Virginia State Bar: https://vlrs.community.lawyer.
Virginia Public Media 04/11/2024 story: The fight to hold onto family property in Virginia | VPM
Land Trust Alliance Heirs’ Property Toolkit: Overview - Land Trust Alliance
LISC Heirs’ Property Toolkit: This resource is designed to support community-based organizations and practitioners with heirs’ property education, outreach, and connecting families to appropriate resources. heirspropertytoolkit.org
LISC Heirs’ Property Playbook: The Playbook provides guidance for organizations and communities interested in developing an heirs’ property program, particularly in markets where LISC or an established heirs’ property network may not currently operate. report.lisc.org
Richmond Heirs’ Property Network (RHPN)
We encourage you to visit RHPN.org. VSU can begin referring individuals with heirs’ property needs who fall within RHPN’s current service area.
RHPN currently serves the Richmond MSA and surrounding communities, including the independent cities of Richmond, Petersburg, Hopewell, and Colonial Heights, as well as Amelia, Charles City, Chesterfield, Dinwiddie, Goochland, Hanover, Henrico, King and Queen, King William, New Kent, Powhatan, Prince George, and Sussex counties.
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