What is heirs' property?
"Heirs' property" is the name commonly used for land or a house that passed to family members without a will or without a completed probate — so the title is still in the name of someone who died, and the living relatives each hold an undivided share. Legally, those relatives are usually tenants in common: each owns a fractional interest in the whole property, but no one owns any particular room or piece of it.
It often starts simply. A grandmother owns a house in north St. Louis or in St. Louis County and dies without a will. Under Missouri's intestacy law, the house passes to her heirs — typically her surviving spouse and children. If nobody opens an estate or records anything, the deed stays in her name. Twenty years later, one of her children has also died, and that child's share has passed to his own spouse and children. Now there may be ten or fifteen people with a legal interest, some of whom have never met, and some of whom live in other states.
Why heirs' property is so hard to sell
- Every owner has to sign. To sell the entire property on the open market, a title company will generally require every co-owner to sign the deed, or a court order.
- Heirs can be missing or unknown. Tracking down every heir — and the heirs of heirs — takes research through death records, obituaries, probate files and family knowledge.
- No one can borrow against it. Lenders and title insurers typically won't work with property that has an unresolved chain of title, which also makes repair loans and refinancing difficult.
- The burden lands on one person. Often one family member lives in the house or pays the taxes, while the others do nothing. That can create resentment and, if the taxes fall behind, the risk of a tax sale.
- It can be exposed to partition. Any co-owner — including someone who buys a single heir's share — can ask a court to partition the property, which can end in a court-ordered sale.
Missouri's partition law for heirs' property
Missouri adopted a version of the Uniform Partition of Heirs Property Act, which Missouri calls the "Save the Family Farm Act," in sections 528.700 to 528.750 of the Missouri statutes. It applies to partition cases filed on or after August 28, 2019. When a court finds that property in a partition case is heirs' property, the law generally:
- requires the court to determine the property's fair market value, usually through an appraisal;
- gives the other co-owners a chance to buy out the interest of anyone who asked for a sale, at that value;
- favors dividing the property itself when that is practical; and
- when a sale is ordered, generally calls for an open-market sale through a real estate broker rather than a courthouse auction.
These protections are meant to keep families from losing property cheaply in a forced sale. The details are technical, so if a partition case has been filed or threatened, talk with a Missouri attorney promptly.
Ways to clear the title
There are several paths to turning heirs' property into property with a clean, sellable title. Which one fits depends on how many heirs there are, whether they agree, and how long ago the owner died.
Probate or a determination of heirship
A court proceeding can establish who inherited the property and in what shares. If the owner died recently, a regular probate estate or a small estate affidavit may work. If more time has passed, a proceeding to determine heirship may be the route.
Every heir signs
If all heirs can be found and agree, they may be able to join in a single sale, or deed their interests to one family member or to a buyer. Title companies usually want supporting documents — such as death certificates and an affidavit establishing the family tree — before insuring that kind of transaction.
Buying out interests
One family member, or an outside buyer, can purchase the shares of heirs who want to sell. Each heir is paid for his or her own share.
Quiet title or partition
When heirs can't be found or won't cooperate, a court case such as a quiet title action or a partition action may be necessary. These require a licensed attorney and take time, but they can resolve problems that no amount of paperwork will.
How Messy Title STL helps with heirs' property
Heirs' property is at the heart of what we do. We start by building the chain of title and the family tree from public records and what you tell us, so everyone can see who likely owns what share. Then we talk through the options — keeping the property, one heir buying out the others, listing it, or selling to us.
If selling to us makes sense, we can buy the property as a whole when the heirs are ready to sell together, and in some situations we may be able to purchase individual heirs' interests and take on the work of clearing the rest of the title. We are not a law firm, and court filings are handled by licensed Missouri attorneys, but we deal with these title puzzles every day.
Helpful to have: names of the deceased owner and his or her spouse and children, approximate dates of death, obituaries or funeral programs, any will, the most recent deed, and recent tax bills. Family knowledge fills in gaps that records can't.
We work with heirs' property in St. Louis City, St. Louis County, St. Charles County and Jefferson County. Start with the free review form, or call (314) 226-8616.
Frequently Asked Questions
What if one heir refuses to sell?
Generally, a single co-owner can't be forced to sign a deed. The other owners can try to buy that person's share, sell their own shares, or, as a last resort, ask a court to partition the property. For heirs' property, Missouri's partition law gives co-owners buyout rights and other protections. An attorney can advise on the best approach.
What if we can't find one of the heirs, or an heir lives out of state?
Out-of-state heirs can usually sign documents remotely before a notary. Heirs who truly can't be located are a common issue; depending on the situation, a court proceeding may be needed to resolve their interest. Researching the family tree is usually the first step.
Can I sell just my share of the property?
Generally, yes. A co-owner can usually sell his or her own undivided interest without the others' permission. The buyer steps into that heir's shoes as a co-owner. Selling a fractional share is more complicated than selling a whole house, so make sure you understand what you are selling and how it is valued.
I've lived in the house and paid the taxes for years. Do I own more of it?
Not automatically. Living in the property or paying taxes doesn't by itself change each heir's legal share. In some cases, a co-owner who paid more than his or her share of taxes or expenses may have a claim to be reimbursed. This is a legal question, so talk with a Missouri attorney about your specific facts.
Who pays the back taxes on heirs' property?
The taxes are a lien on the property itself, regardless of which heir is supposed to pay. If the property is sold, delinquent taxes are normally paid from the sale proceeds at closing. If they go unpaid long enough, the property can be sold at a tax sale.
Not legal advice. Messy Title STL is a real estate investment company. We are not a law firm, we are not attorneys, and we are not a title insurance company. Nothing on this website is legal, tax or financial advice. Every situation is different; for advice about your specific situation, talk with a Missouri-licensed attorney or tax professional.