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How Do I Establish My Farm as an 

Operator?

How to establish your farm as an operator will vary 

based on whether you farm in a state that has enacted 

the Uniform Partition of Heirs Property Act (UPHPA). 

UPHPA helps preserve family wealth passed to the 

next generation in the form of real property. If a 

landowner dies intestate, the real estate passes to 

the landowner’s heirs as tenants-in-common under 

state law. For now, Alabama, Arkansas, Connecticut, 

Georgia, Hawaii, Iowa, Mississippi, Montana, Nevada, 

New Mexico, Texas, and South Carolina have the 

UPHPA enacted.

In states that have adopted the UPHPA, the 

following are accepted to establish your farm as an 

operator:

• A court order verifying the land meets the

definition of heirs’ property as defined in the

UPHPA, or

• A certification from the local recorder of deeds that

the recorded owner of the land is deceased and at

least 1 heir has initiated a procedure to retitle the

land.

Heirs’ Property Overview

Heirs’ property is family owned land that is jointly 

owned by descendants of a deceased person whose 

estate did not clear probate. The descendants, or heirs, 

have the right to use the property, but they do not have 

a clear or marketable title to the property since the 

estate issues remain unresolved. 

The 2018 Farm Bill authorizes alternative 

documentation for heirs’ property operators to 

establish a farm number. A farm number is required 

to be eligible for many different USDA programs, 

including lending, disaster relief programs, and 

participation in county committees. 

Operators on heirs’ property who cannot provide 

owner verification, or a lease agreement, may provide 

alternative documents to substantiate they are in 

general control of the farming operation. 

What is the Difference Between a USDA 

Farm Operator and Farm Owner?

A farm operator is defined by USDA as an individual, 

entity, or joint operation who is in general control of 

the farming operations for the current year. The farm 

operator is the person who runs the farm, making dayto-day management decisions. The operator could be 

an owner, hired manager, cash tenant, share tenant, or 

a partner.

USDA defines a farm owner as an individual or entity 

who has legal ownership of farmland.

FACT SHEET

July 2020

Guidance for Heirs’ Property Operators 

Participating in Farm Service Agency (FSA) 

Programs
USDA is an equal opportunity provider, employer, and lender. 2

• A land purchase contract or other similar document

that affirms ownership interest.

• An FSA employee’s check of the record at the

county land records office or website.

• A certification of an heir that may not be able

to provide a legal documentation to confirm

ownership of the property. The certification will

need to be accompanied by documentation such as:

o real estate tax assessment or bill

o proof of gift tax

o will

o affidavit of ownership

o other documentation as may exist under State 

law.

How Do I Get Started? 

Your first step should be contacting the FSA office 

at your local USDA Service Center. Find your local 

USDA Service Center at www.farmers.gov/servicelocator. Schedule an appointment to meet with the 

county outreach coordinator to discuss your farming 

aspirations and USDA programs available for new 

farmers and ranchers.

In states that have not adopted the UPHPA, the 

following are accepted to establish your farm as an 

operator:

• A tenancy-in-common agreement, approved by a

majority of the owners, that gives the individual

the right to manage and control a portion or all of

the land.

• Tax returns for the previous 5 years showing the

individual has an undivided farming interest.

• Self-certification that the individual has control of

the land for purposes of operating a farm or ranch.

• Any other documentation acceptable by the FSA

county office, that establishes that the individual

has general control of the farming operation,

including, but not limited to, any of the following:

o affidavit from an owner stating that the

individual has control of the land

o limited power of attorney giving the individual

control of the land

o canceled checks and or receipts for rent

payments and/or operating expenses. 

How Do I Establish Farm Ownership?

Proof of ownership may include the following:

• A copy of the deed, if recorded.

• An unrecorded deed, if the specific USDA program

does not require a recorded deed.

GUIDANCE FOR HEIRS’ PROPERTY OPERATORS TO PARTICIPATE - JULY 2020