Heirs Property is a common occurrence in Georgia. Heirs Property occurs when land is informally passed down from one generation to the next without the benefits of a will or deed. This informal transfer of real estate provides each heir with property ownership as Tenants in Common, where each heir has the rights and obligations attached to the land. Heirs Property is a risky type of property ownership because the title is often clouded and unmarketable, and any heir can force a sale of the entire property in the superior court.
The Uniform Partition of Heirs Property Act governs the division of Heirs Property. Generally, due to the overwhelming number of heirs and their highly fractionalized ownership interests, the division of Heirs Property can be complex. Scott A. Schweber is knowledgeable about Georgia Heirs Property law and can assist Heirs Property owners with the ability to preserve the integrity and value of property that has both economic value and strong familial significance.