Kedron Co.

Guide

Listing inherited farmland and hunting land

Before you market inherited land, confirm who can sign, get every heir on the same page, and find what's attached to the ground: leases, CRP, MFL or SFIA.

By Jordan Johnson, Founder, Kedron Co.Updated 7 min read

A weathered gray barn seen through autumn branches

Listing inherited land comes down to three questions you answer before any marketing: who has authority to sign, whether every heir agrees on selling and on price, and what is attached to the ground. Get those settled with the estate attorney in the loop, and the listing itself is the easy part.

Inherited farms and hunting ground in Minnesota, Wisconsin and Iowa are where listings tend to stall: a sibling who wants to keep the deer stand, a tenant whose lease renewed without anyone noticing, a CRP contract nobody read. This guide is for the agent, and it's part of our winning listings library.

Who can sign the listing agreement?

Only someone with legal authority to sell can sign. That depends on where the title sits:

  • Still in the estate. A personal representative or executor may be able to sell, depending on the court's order and state law.
  • In a trust. The trustee usually acts, under the terms of the trust.
  • Already deeded to the heirs. Every owner on the deed typically has to sign.

You don't decide which applies. The estate attorney does. Ask for it in writing, with the names of everyone who has to sign, before you take the listing. A listing agreement signed by one sibling who "speaks for the family" is how agents lose months and relationships.

How do you work with several heirs?

With several heirs, the risk is often less about price than about who heard what, and when. A few habits help:

  1. Meet everyone once, together. In person or on a video call. Every heir hears the same price read and the same plan at the same time.
  2. Name one point of contact, chosen by the family, for day-to-day decisions like showing times. Keep big decisions (price, offers, price changes) with everyone who has to sign.
  3. Put every update in writing to all heirs. One email to the whole group. No side conversations.
  4. Surface the keeper early. Sometimes one heir hunts the ground or farms it and wants to keep it. Ask directly whether anyone wants to buy out the others. If so, the family may need an appraisal and an attorney, not a listing.
  5. Ask the attorney what happens if one heir won't sign. Don't answer that yourself.

The heir who lives three states away and the heir who hunts the ground every November may want different things. Neither is wrong. Your job is to make sure each of them has the same facts.

Questions to send to the attorney and accountant

You don't give tax or legal advice. You do make sure the right questions get asked early, because the answers change timing.

For the estate attorney:

  • Who has authority to sign the listing agreement and the deed?
  • Does the court have to approve the sale or the price?
  • Is there a will, trust or buy-sell agreement that gives any heir a first right to buy?
  • What happens if one heir won't agree to sell?

For the heirs' accountant:

  • What is the tax basis of the land? The IRS says the basis of inherited property is generally its fair market value on the date of death, or on the alternate valuation date if the estate's personal representative chooses alternate valuation (IRS Publication 551).
  • Was the estate required to file a federal estate tax return (Form 706)? If so, the IRS says beneficiaries generally receive a Schedule A (Form 8971) reporting the estate tax value of what they inherited, and certain beneficiaries must use that value as their starting basis.
  • Is there a date-of-death appraisal, and does the family need one?
  • Would any heir consider a 1031 exchange? See 1031 exchanges for landowners for the questions, and send them to a tax professional for answers.

What's attached to the ground?

Inherited land often comes with contracts the heirs have never seen. Find them before you set a price. This table covers the common ones in the three states.

What to look forWhat the rule saysSource
Iowa farm leaseLeases continue for the next crop year unless written notice is delivered or served on or before Sept. 1, or mailed by certified mail before Sept. 1; a properly terminated lease ends the following March 1Iowa Code 562.6 and 562.7 (2026); ISU Center for Agricultural Law and Taxation, Aug. 2024
Wisconsin farm lease"All agricultural tenancies from year-to-year require at least 90 days' notice"Wis. Stat. 704.19
Minnesota farm leaseA tenancy at will ends on written notice at least as long as the rent interval or three months, whichever is less; ask the attorney how the family's lease fitsMinn. Stat. 504B.135 (2025)
CRP contractA new owner has 60 days, or another period FSA sets, to become a successor; otherwise the prior participant refunds all payments plus interest and liquidated damages7 CFR 1410.51
Wisconsin MFLThe new owner files a transfer form within 30 days of the transfer, with a $100 feeWis. Stat. 77.88
Minnesota SFIAThe covenant "remains in effect" after a sale; the seller notifies the Department of Revenue in writing within 60 daysMN Revenue SFIA FAQ, Jan. 2021
Wind or solar leaseCheck the county recorder and the parents' papersSee below

The last row matters more than it looks. Farm Progress reported that Elizabeth Strom, a farm manager and real estate broker with Murray Wise Associates, "has seen situations where children inherit farmland from their parents and don't know their parents signed a wind/solar lease" (Farm Progress, Sept. 10, 2024). If the lease or a memorandum of it was recorded, a title search should turn it up. Finding it at listing time beats finding it at closing.

For the CRP details, see what happens to a CRP contract when land sells.

When should the family sell around a tenant?

A tenant in place often narrows your buyer pool. In the same Farm Progress piece, Strom said farmland without a lease will "always sell better because farmers want to farm what they buy," and "Generally, the best time to sell farms is outside the growing season because that's when the most money is in the market." That's one broker's experience, not a rule. A buyer who wants rental income may prefer a tenant in place.

That makes the lease calendar part of the listing plan:

  • Iowa. If the heirs want to offer the farm open for the next crop year, written notice has to be delivered or served on or before Sept. 1, or mailed by certified mail before Sept. 1, and the lease ends March 1. Miss the deadline and the lease continues for another crop year. A separate written termination agreement signed by both sides is one of the exceptions CALT lists.
  • Wisconsin. A year-to-year agricultural tenancy needs at least 90 days' notice.
  • Minnesota. The statute is short and doesn't mention farms or Sept. 1. Have the family's attorney read the actual lease.

The tenant is also a likely buyer. In Iowa, respondents to ISU's 2025 Land Value Survey (lenders, brokers, farm managers, appraisers and other agricultural professionals) estimated that 68% of farmland sales went to existing farmers, 26% to investors and 4% to new farmers (ISU Land Value Survey, December 2025). Ask the family early whether they want the tenant to have a chance to buy, and how. Our farm lease termination deadlines guide covers the three states in more detail.

Hunting ground is a different sale

Inherited hunting land often sells to a different buyer than tillable ground does, and the family knows things no buyer can see from a listing:

  • Where the deer bed and how they move between cover and food.
  • Which stands work in which wind.
  • Which trails flood in spring.
  • Years of trail camera history.
  • Where the boundary really is, and where the neighbor thinks it is.

Sit down with the heir who hunted it and write it down. It becomes the listing copy, the shot list and the answers to buyer questions. Treat the family's history with the ground plainly and with respect. Buyers can tell when a listing was written by someone who walked the land.

Should you suggest an auction?

Sometimes. Estates with several heirs who need a firm date and a clean result are one of the cases where an auction fits. A listing may fit better for hunting ground with a narrow buyer pool, or when the family isn't in a hurry. Lay out both honestly. See land auction or listing for a neutral framework.

What to do next

Before your first meeting with the family, pull the deed and the county parcel record, check for recorded leases and easements, and look up whether any of the ground is in CRP, MFL or SFIA. Bring a one-page list of the questions above for the attorney and accountant. Families remember the agent who showed up with the right questions before anyone asked.

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