Heirs’ property is land transferred from one family generation to the next without a will, meaning multiple members of the family own undivided interests in the property as tenants in common. Heirs’ property is common in rural Georgia.

State law defines heir’s property as real property held in tenancy in common with no agreement on partition in a case where 20 percent or more of the interests are owned by relatives or were acquired from relatives.

Because heirs’ property is not held in clear title, heirs may not be able to obtain a loan to improve or develop the property.

The Uniform Partition of Heirs Property Act (UPHPA)

To prevent forced sales at below‑market prices, Georgia adopted the UPHPA in 2013. The Act requires courts to determine the property’s fair market value by appointing a disinterested appraiser and holding a hearing.

If one co‑tenant seeks partition by sale, the court must first give other co‑tenants the opportunity to purchase that interest at the appraised value. This buy-out provision helps families keep land in the family.

Partition in Kind vs. Sale

If the buy‑out does not occur, the court must decide whether to partition the property in kind (physically divide it) or order a sale. The UPHPA instructs courts to favor partition in kind unless it would cause manifest prejudice.

Factors include:

  • Practicability of dividing the land
  • Any sentimental or ancestral value
  • Duration of ownership
  • Each co‑tenant’s contributions to taxes and maintenance

Only when partition in kind is impractical or would significantly diminish the value will the court order a sale.

Protecting Your Family’s Heritage

The UPHPA was enacted to preserve family land and heritage by giving heirs the right to buy out a co-owner’s share and requiring fair‑market‑value sales. Heirs should pay property taxes and maintain insurance to avoid tax sales that can wipe out ownership. If you inherit property with relatives, discuss your goals early, consider forming an LLC to manage the property, and be proactive about paying expenses.

If you are facing a partition action or want to prevent a forced sale of family land, the litigators at The Williams Litigation Group can help. We understand the UPHPA and can negotiate buy-outs, mediate disputes, and protect your ancestral property. Contact us at 1-866-214-7036 or fill out our online form to explore your options.