By Andrea’ Barnes, MCJ Director, Heirs’ Property
Our work to help individuals across Mississippi protect land and property that has been in their families for years doesn’t just involve direct services. While our direct service work is important — we’re able to answer questions specific to each family and help them navigate their unique situations — there are other ways we are reaching more people and deepening our impact.
That is through policy and advocacy.
Unfortunately, years of previous policies have made heirs’ property—land passed down without a clear, legally probated title—vulnerable to forced sales and left families with very few choices and rights when it comes to protecting and fighting for land that belongs to them.
Over the past five years, however, we have been advancing policies that expand the rights and opportunities of families with heirs’ property.
Advocating for the Uniform Partition of Heirs Property Act (UPHPA)
The first was advocating for the passage of the Uniform Partition of Heirs Property Act (UPHPA), which Mississippi enacted in 2020. This was a critical piece of legislation because it created meaningful protections for families whose land has been informally passed down through generations — often without a will — leaving it jointly owned by many heirs, each holding only a small, undivided share.
Without these protections, a real estate speculator could purchase just one relative’s share and use it to force a court-ordered sale of the entire property, often at far below fair market value. The UPHPA put a stop to these predatory partition sales by establishing due process protections that prioritize keeping families on their land and guaranteeing they receive fair market value when selling is unavoidable.
We continue to educate families about this piece of legislation and the rights it expanded for them. Learn more here.
Partition Sales and Heirs’ Property Taxes
The second area of focus is around partition sales and heirs’ property taxes. We are constantly working with state and county policymakers to ensure families have the latest and most up-to-date information about their family land — whether taxes are owed, and by when those taxes need to be paid. Staying ahead of this information is one of the most important steps a family can take to protect land that has been in their name for generations.
Our policy and advocacy work around heirs’ property is just as crucial as the legal and community outreach services we provide because this work helps establish a baseline of rights and protections that all families in Mississippi can access when trying to identify, protect and preserve land that has been with them for generations.
To learn more about our Heirs’ Property Campaign, click here.
This is the final blog in a series, as we celebrate five years of the Heir’s Property Campaign work at the Mississippi Center for Justice. Below are links to the other blogs in this series:
From Clear Title to Lasting Wealth: How Mississippi Families Can Make Their Land Work for Them
You May Own More Than You Think – Land Titles & Heirs’ Property
Estate Planning: A Critical Key to Preventing Heirs’ Property and Protecting Legacy
Keeping It in the Family: 5 Years of Helping Families Protect, Resolve and Preserve Family Land