Heirs Property in Alabama and Florida: What Families Need to Know

Understanding the Risks and the Uniform Partition of Heirs Property Act

Guidance from a Birmingham, Alabama estate planning law firm.

Heirs property is one of the most common—and least understood—real estate issues families face after a loved one dies. In both Alabama and Florida, heirs property often involves family land passed down for generations without formal estate planning. While this type of ownership may seem manageable at first, it can create serious legal and financial risks over time.

This article explains what heirs property is, how it occurs, the risks involved, how Alabama and Florida law address it, and what families can do—both before and after a death—to protect inherited property.

What Is Heirs Property?

“Heirs property” generally refers to real estate inherited by multiple family members without a will, trust, or deed that clearly states who owns the property and in what shares.

When a property owner dies without an estate plan (a will or trust):

• In Alabama, ownership passes under Alabama’s intestacy laws (Ala. Code § 43-8-40 et seq.).

• In Florida, ownership passes under Florida’s intestacy laws (Fla. Stat. § 732.101 et seq.).

  
  

In both states, the heirs typically become tenants in common, each holding an undivided ownership interest in the entire property rather than a specific physical portion.

Heirs property commonly has these characteristics:

• No single owner has clear title

• Multiple heirs own the property simultaneously

• No written agreement governs use, management, or sale

  
  

How Does Heirs Property Occur?

Heirs property most often arises when:

• A property owner dies without a will or trust

• A will exists, but probate is never opened to transfer title

• Families rely on informal agreements instead of updating deeds

• Property passes through multiple generations without legal planning

  
  

Each generation increases the number of owners. A property that once belonged to one individual can eventually be owned by dozens of heirs—many of whom may not know one another or even realize they own an interest.

What Are the Risks of Heirs Property?

Although heirs property may not cause immediate problems, it carries significant long-term risks in both Alabama and Florida.

Forced Sale of the Property

In both states, any co-owner generally has the right to seek a partition—asking a court to divide or sell the property.

• Alabama partition actions: Ala. Code § 35-6-20 et seq.

• Florida partition actions: Fla. Stat. Chapter 64

  
  

This means one heir can potentially force a sale, even if the rest of the family wants to keep the land.

Loss of Family Land Below Market Value

Historically, partition cases often resulted in forced public sales where heirs property sold for far less than fair market value, sometimes to outside investors.

Inability to Use the Property as an Asset

Without clear title, heirs may be unable to:

• Obtain title insurance

• Use the property as loan collateral

• Qualify for agricultural, housing, or government assistance programs

  
  

Family Conflict

Disagreements over taxes, repairs, occupancy, or whether to sell the property can lead to strained relationships and expensive litigation.

Loss of the Property Due to Unpaid Property Taxes

Property tax delinquency is one of the most overlooked risks of heirs property.

Because multiple people own the property, responsibility for paying taxes is often unclear.

If taxes go unpaid, the government can place a lien on the property and eventually sell the property for repayment. Ala. Code § 40-1-3 and Fla. Stat. § 197.122.

Key risks include:

• One heir’s inaction jeopardizing the entire property

• Tax notices going to outdated addresses or deceased owners

• Strict redemption deadlines after tax sales

  
  

Families can lose land they have owned for generations simply because taxes were missed or notices were never received.

The Uniform Partition of Heirs Property Act (UPHPA)

Both Alabama and Florida have adopted the Uniform Partition of Heirs Property Act (UPHPA) to address unfair forced sales.

• Alabama: Ala. Code § 35-6A-1 et seq.

• Florida: Fla. Stat. § 64.401 et seq.

  
  

The Act applies to qualifying heirs property and provides additional protections before a court can order a sale.

Key Protections Under the Act

• Enhanced notice requirements

• Independent appraisal to establish the fair market value of the property if the co-tenants do not agree on the property’s value

• Right of first refusal, allowing heirs to buy out a co-owner seeking sale

• Preference for partition in kind (physical division) when feasible

• Court-supervised sales procedures that protect the co-owners

  
  

The goal of the Act is to give families a meaningful opportunity to preserve inherited land and avoid unjust outcomes.

How Estate Planning Can Help Prevent Heirs Property

The most effective way to prevent heirs property is proactive estate planning.

Families in both Alabama and Florida can reduce or eliminate risk by:

• Creating a valid will that clearly addresses real property

• Using a revocable living trust to transfer property outside probate

• Ensuring deeds are properly updated after deaths or transfers

• Having open conversations about long-term plans for family land

• Planning not just for immediate heirs, but for future generations

  
  

Clear planning today can prevent costly disputes tomorrow.

What If You Already Own Heirs Property?

If you or your family already own heirs property, there may be options available, including:

• Opening probate for deceased owners when possible

• Identifying all heirs and ownership interests

• Voluntary buyouts to consolidate ownership

• Written agreements among co-owners

• Title-clearing strategies such as quiet title actions

  
  

Each situation is unique, and the right approach depends on the property’s history and family dynamics.

Your Next Step

If your family owns inherited land in Alabama or Florida—or if you want to ensure your property does not become heirs property—now is the time to act.

An experienced estate planning attorney can help you:

• Put a clear plan in place for real property

• Protect family land from forced sales or tax loss

• Resolve title issues tied to inherited property

  
  

Taking action today can help preserve what your family has worked hard to build for generations to come.

About the Author

Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families in Alabama and Florida navigate complex legal matters with confidence