What is “heirs property?”
Heirs property is land passed down through a family, often over multiple generations and to numerous descendants, without the use of wills or determination by probate courts. Heirs of the original owner can possess and use the property with equal claim regardless of the size of their factional title interest in the land. But without proper documentation or clear title, owners can’t sell the property, borrow against it or qualify for federal farm loans or disaster relief. These complications can strain family relationships and make farmland vulnerable to partition and sale — often at below-market prices — and removed from farm and forest use. Because Black landowners disproportionately hold it, the U.S. Department of Agriculture has called heirs property the leading cause of Black involuntary land loss. In North Carolina, the value of land owned as heirs property is estimated at nearly $1.9 billion (Conservation Trust for North Carolina, 2023). Although no one is immune to the vulnerability of losing their land to a forced partition action, this issue disproportionately impacts Black, Indigenous, and People of Color throughout North Carolina. This platform will help navigate and continue to seek innovative solutions to address these issues at the community level in North Carolina.

The Heirs Property Program at North Carolina A&T State University is holding an Heirs Property Summit in Robeson County. Workshops will cover the origin and history of heirs property, inform participants about estate planning and legal strategies to secure their land, and connect them with resources and other technical assistance, including a panel of people who have dealt with heirs property issues.