Land represents more than a livelihood for many farmers. It constitutes a family history, a legacy for future generations and a connection to ancestors. As each generation passes, the potential for land to become a point of conflict among family members increases. 

A will is an important document for farm succession planning, though not every farmer chooses to have one. In those cases, when that person dies, passing along their property is governed by Alabama’s intestate succession law.

“Intestate” means someone died without a will or estate planning document in place. When this happens, a court will follow Alabama’s system to pass along the deceased person’s property. Alabama’s intestate succession law dictates a deceased person’s property transfers to their closest living relatives.

This seems simple but can quickly become confusing, difficult and divisive.

Consider Example 1.

Farmer Brown, a widower, owns 100 acres and passes away without a will. He and his wife had four children together. Alabama’s intestate succession law dictates his property passes to his children.

Farmer Brown’s four children now each own a 1/4 interest in the full 100 acres — not 25 acres each. All four children have equal rights to access and use the full property. 

Consider Example 2.

Farmer Brown, a widower, owns 100 acres but dies without a will. He and his wife had four children together. Child A already passed away but left two heirs.

Farmer Brown’s three living children each own a 1/4 interest in the entire 100 acres, while two grandchildren each own a 1/8 interest.

Without legal action, this can quickly lead to many relatives owning one parcel of land. If all owners can agree about how to separate the property, they can request a court “partition in kind.” The property would be re-surveyed and re-recorded with new owners indicated. Each would retain ownership of previously agreed-upon acreage.

If owners cannot agree how to split the property, there are two options. In one instance, owners carry on and do nothing to divvy the property. This is considered an heirs property issue. This will worsen with each generation as more owners acquire increasingly smaller interests in the property. 

Alternatively, an owner can request the court force a sale of the property. Generally, other owners cannot prevent this. Other shared owners must purchase the property back, or family land is lost to the highest bidder. 

Estate planning is vital for farmers. Without proper planning, the legacy families have worked hard to build and preserve can be lost in two generations.

Access resources related to solving the heirs property problem through the Alabama Heirs Property Alliance website at aces.edu/go/heirsproperty. 

Compiled by John Allen Nichols, Alabama Farmers Federation Agriculture Counsel

The material presented above is for educational purposes only. The content does not constitute legal advice. If readers require specific advice or services, a lawyer or other professional should be consulted.