Glossary

Here are a few terms to help you better understand heir property.

Administrator's Deed: Deed drawn up by an administrator (appointed by the probate judge) for land left by someone who has died intestate.

Adverse Possession: Process through which someone acquires property without paying for it, usually by occupying it exclusively, openly, and continuously (for example, buy building a fence around the land).

Affidavit of Heirship: This is a legal form, filled out by someone outside the family, that states the heirs of a deceased person along with other information, like dates of birth and addresses. This sworn statement is signed in front of a notary and is used to help establish ownership of property. Click here for an example.

Clouded title: An encumbered land title, or one with an outstanding claim (for example, land with a lien against it or for which ownership is not documented).

Co-owner: Someone who shares ownership of something with another or others.

Guardian Ad Litem: Someone appointed to make decisions on behalf of a minor, an incompetent person, or an absent party.

Heir: One who is entitled to inherit the estate of someone who has died with or without a valid will.

Heir property: Land that is held as an undivided interest by the descendents of a landowner who died without a will or whose estate was not probated.

Intestate: To die without a valid will.

Intestate succession: How property that belonged to someone who has died without a will is disbursed.

Partition Sale: Forced sale of property held communally by more than one owner; each owner receives a portion of the money collected by the sale, based on his or her interest.

Probate: Court process through which a will is proven valid and the estate is administered according to the terms of the will.

Quiet Title Action: Court proceeding involving property issues which can be used to identify heirs and "quiet" any claims or challenges to the title to a property.

Quitclaim Deed: Deed that relinquishes ownership, transferring interest in real property (not full ownership) to another person. It does not transfer the title or guarantee any specific right to the property.

Tax Deed: Deed issued by the court transferring title to someone who has purchased land at a tax sale.

Tax Sale: Court-ordered sale of land to recoup unpaid taxes on the property.

Title: Legal evidence of a right to property.

Last Updated: Aug. 22, 2010