For generations, your family has farmed the same land that has passed down from grandparents to grandchildren. Now imagine suddenly receiving a demand to vacate the land because it no longer belongs to your family. For heirs property owners, this is an ever-present threat. Heirs property is land inherited by descendants of someone who died without a will or with an improperly written or probated will. As tenants in common, any co-owner can petition the court to sell the property. Historically, partition actions led to a courthouse auction for a fraction of fair market value. [1] Unscrupulous investors could thus acquire land against families’ wishes, sometimes without their knowledge.
To combat this, the National Conference of Commissioners on Uniform State Laws approved the Uniform Partition of Heirs Property Act (UPHPA) for adoption by the States in 2010.[2] The UPHPA helps keep property in the family by providing due process protection to heirs. Although the UPHPA was approved over a decade ago, implementation has been slow. Landowners should be aware of their rights and responsibilities under the UPHPA and proactively seek assistance from an experienced heirs property attorney in the event of a partition action to effectively protect their family land.
The UPHPA entitles heirs property co-owners to rights not available to heirs property owners in non-UPHPA states, including: notice of a partition action by placement of a conspicuous sign on the property, notice of the fair market value of the property as determined by a disinterested appraiser, the right to obtain a copy of the appraisal, the right to dispute the valuation within thirty days, and the right of first refusal to buy out the petitioner’s interest before the property goes to sale.
Additionally, in UPHPA states, courts are subject to additional requirements when dealing with partitions of heirs property. If buyout fails, courts are required to evaluate whether dividing the property (partition in kind) or sale of the whole property (partition by sale) is the most equitable option. Courts evaluate the following factors: the practicability of physical division, the value of the divided parcels, duration of the family’s ownership, sentimental attachment to the property, ongoing lawful uses and potential harm of disruption, co-tenants’ financial contributions to the property, and other factors the court deems relevant. After evaluation, if the property goes to sale, it must take place on the open market, at a price no lower than the determined fair market value.
So far, in the Southern Ag Today area, Alabama, Arkansas, Florida, Georgia, South Carolina, Texas, Maryland, Virginia, and Mississippi have adopted versions of the UPHPA.[3] Efforts to introduce and pass the UPHPA in other states are ongoing. Please find more information at the Alabama Heirs Property Alliance.[4]
[1] Rabinowitz, Adam, Justin Anderson, and Jamie Mardis. “Land Ownership and the Preservation of Family Farm Legacies.” Southern Ag Today 4(35.5). August 30, 2024; Richardson, Jesse. “Heirs Property and Agriculture”. Southern Ag Today 2(36.5). September 2, 2022.
[2] Uniform Partition of Heirs Property Act, Uniform Law Commission, Final Act, 2010, Uniform Laws, https://www.uniformlaws.org/viewdocument/final-act-97.
[3] Uniform Law Commission (2026, June 25). Partition of Heirs Property Act. Retrieved July 27, 2026, from https://www.uniformlaws.org/committees/community-home/librarydocuments?communitykey=50724584-e808-4255-bc5d-8ea4e588371d&LibraryFolderKey=&DefaultView=.
[4] Alabama Heirs Property Alliance – Alabama Cooperative Extension System
Recommended citation format: Keown, Katie. “Don’t Lose the Farm: Know Your Rights Under the UPHPA.” Southern Ag Today 6(33.5). August 14, 2026. Permalink
