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Heirship affidavits can help families document inherited homes
The National Consumer Law Center and Boston College initiative says clearer acceptance of heirship affidavits could improve access to property tax relief, disaster aid, and home repair funding for heirs property owners.
A new report from the National Consumer Law Center and the Initiative on Land, Housing & Property Rights at Boston College outlines how heirship affidavits can help heirs document ownership of “heirs property,” or real estate passed between generations without a completed probate process, HousingWire reports. According to the report, when heirs lack clear legal title they can be shut out of property tax relief, homestead exemptions, disaster recovery aid, and home repair programs, and the unclear title can also make refinancing, selling, or leveraging equity difficult or impossible, undermining long term housing stability and wealth preservation.
The report also finds that heirship affidavits offer a relatively simple and low cost way to document existing ownership rights and the family relationships behind them. It argues that if government agencies and program administrators formally accept the affidavits as proof of ownership, they can serve as a bridge for heirs who would otherwise face expensive and time consuming probate or quiet title actions.
HousingWire reports the authors call for more practitioner education and note that uptake remains limited, with findings described as especially relevant for Black families in the South and low income families nationwide. Sarah Bolling Mancini, managing director of advocacy at the National Consumer Law Center and a co author, said acceptance of the affidavits could help heirs preserve homes and land by making their access to government programs comparable.