Heirs' Property Glossary
The following definitions are from multiple sources and are not specific to any particular state statute. Of course, any statutory definitions (terms defined in the laws of a particular state) would overrule these definitions in any legal proceeding.
Adverse possession
A legal doctrine that describes when someone occupies property for a period of time and then claims legal rights to it.
Ancestor
A person from whom someone is
descended; a direct blood relative. Clearing title The legal process of proving and obtaining a deed for the current owners of heirs’ property.
Condemnation/eminent domain
The right of a government or its agent to take private property for a public purpose, with compensation to the property owner (such as a public utility taking land so they can build power lines).
Co-tenants
Those who own heirs’ property with others. In a partition action under the Uniform Partition of Heirs’ Property Act, the co-tenants are all the co-owners of heirs’ property, regardless of the size of the fractional interest owned. See the definition of tenants in common, below.
Decedent
A person who has died; decedent
is also often referred to as “the
deceased.”
Estate
The real property (land and
buildings) and personal property
(clothing, furniture, cars, and so on) of a person who has died. In probate settings, the “estate” includes the total assets (things one owns) and liabilities (debts) of a person who has died.
Heirs
People who are entitled under state
“intestate” law to inherit property
from someone who has died.
Intestate
A person dies “intestate” when they die without a valid will.
Intestate real estate
Land and other property (such
as houses or buildings) owned by
the decedent when they died and
not addressed in a will, and which
does not pass to anyone based on
language in the deed itself (such as a joint survivorship clause).
Intestate succession
State laws addressing who inherits
property from someone who dies
without a will (or when a will is found
to be invalid), or any property that was not included in the decedent’s will.
Deed
A legal document, usually recorded in the office of a town or county that keeps land records, often used to show the legal owner(s) of a piece of property.
Joint tenants
Two or more owners of equal shares
of property who have a right of
survivorship, meaning that if one joint tenant dies their share goes to the other joint tenant(s) in equal shares.
Tax lien
A state or local government’s right
to keep real estate for payment of
some debt or obligation.
Tax sale
A legal process used by a county
or town to take the property of a
landowner who has not paid their
property taxes in full and sell it to
recover the unpaid taxes.
Tenants in common
People who each own an individual,
undivided interest in property (also
known as “cotenants”), but not
necessarily equal interests. See the
definition of co-tenants.
Testate
A person dies “testate” when they
have a valid will.
Title
Refers to ownership rights in land.
As a legal concept, title exists even
without any documents, but a deed is the most common way to determine who has title in land. (See definition of deed, above.) Sometimes a will or an affidavit may be used to document ownership rights.
Undivided interest
An interest in property that is held
in common with others in a single
property. These interests can be
unequal; that is, the value of each
interest can vary.
Descendant
A person related to someone who
has died, either directly (parent,
child, grandchild) or indirectly (aunts and uncles, cousins). This includes anyone legally adopted.
Probate
The legal process of proving the
validity of a will in court, and
handling the estate of a decedent
whether there is a will or not.