Key facts
- Heirship affidavits can help families document inherited property and access government housing programs.
- The documents are crucial for heirs property owners who often lack clear legal title.
- Lack of clear title can prevent access to tax relief, disaster aid, and home repair funding.
- A recent report found inherited homes represented a record share of U.S. property transfers in 2025.
- Many legal practitioners are unaware of heirship affidavits or how to use them.
- The National Consumer Law Center and Boston College Law School recommend increased adoption and clearer guidance for heirship affidavits.
Heirship affidavits, a little-known legal document, can significantly aid families in securing inherited homes and accessing essential government housing programs, according to a new report from the National Consumer Law Center (NCLC) and the Initiative on Land, Housing & Property Rights at Boston College Law School.
The report highlights that these affidavits are particularly beneficial for Black families in the South and low-income families nationwide who possess "heirs property"—real estate passed down through generations without a completed probate process. Without clear legal title, heirs often face exclusion from property tax relief, homestead exemptions, disaster recovery aid, and home repair funding, while also struggling to sell or leverage their property's equity.
Heirship affidavits offer a straightforward and cost-effective means to document existing ownership and family relationships. When accepted by government agencies, they can serve as a crucial bridge for heirs who might otherwise incur substantial costs and time for probate or quiet title actions. Sarah Bolling Mancini, co-author and NCLC managing director, stated that heirship affidavits have the potential to mitigate significant risks of property loss for heirs property owners.
Recent data indicates a growing trend of inherited homes, with a report from Cotality showing they accounted for a record share of U.S. property transfers in 2025. This trend is especially notable in California, where inherited homes more than doubled new home sales in the state during the same year.
Despite their utility, a knowledge gap persists among legal practitioners, with many unsure about the availability or application of heirship affidavits in their jurisdictions. The report's authors advocate for increased awareness, state-specific outreach, and clearer program guidance from local, state, and federal agencies to ensure heirship affidavits are accepted as valid proof of ownership. The discussion also touches upon the broader need for estate planning education, as noted by Trust & Will CEO Cody Barbo.