How to Claim & Divide Heir Land

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When somebody dies without leaving a will behind, his next-of-kin automatically inherit his land. State laws differ on how land inheritance works; however, in most states, heirs all have an equal right to the entire land although they all have equal interest in the land. Thus, any heir can live on, work or sell the land. To avoid confusion, heirs must communicate with each other about their intentions if they all share land.

  • Write out a family tree. If the deceased person left no will, the land must be divided equally between all heirs according to state laws in the state where the deceased died. List all surviving spouses and children of the deceased that you know of.

  • Contact the attorney who is handling the probate of the estate. Give him information about all known heirs so that he can file a motion in probate court to transfer the property to all heirs.

  • Talk to the other heirs. Draft a written agreement stating who will pay property taxes, who will live on the land and what to do if any party wants to sell their interest in the land. Sign the written agreement.

  • Follow the agreement. Pay any property taxes you have agreed to pay on time so that you do not risk the tax collector seizing the land from all the heirs.

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