NCLC: Heirship affidavits help families keep inherited homes and access aid

A little-known legal document, the heirship affidavit, can help families document inherited property, keep family homes and land, and unlock access to 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 analyzes surveys, interviews and focus groups to assess how heirship affidavits work in practice, where they are available and why uptake remains limited. The groups said the findings are especially relevant for Black families in the South and low-income families nationwide who hold “heirs property” — real estate that passes between generations without a completed probate process. Heirs who seek to become property owners often lack clear legal title, which can shut them out of property tax relief programs, homestead exemptions, disaster recovery aid, home repair funding and even basic utility services. It can also make it difficult or impossible to refinance, sell or leverage equity in the home, undermining long-term housing stability and wealth preservation. More protections at a time of greater need Heirship affidavits provide a relativ...