The USDA Farm Service Agency administers farm loans, conservation programs (CRP), and commodity programs (ARC/PLC). When a farm program participant or loan borrower dies, FSA has specific procedures for loan continuation, CRP contract succession, and payment eligibility for heirs and estates. Surviving spouses and heirs may continue farm loans and assume program contracts.

Death notification

When a farm program participant or FSA loan borrower dies, the executor, surviving spouse, or heir should contact the local FSA county office or USDA Service Center as soon as possible. FSA will flag the participant's records and review all active contracts, loans, and program enrollments. For CRP contracts, a successor must sign a revised contract within 60 days to avoid termination.

Deadline: As soon as possible; CRP contract successor must sign within 60 days

Survivor benefits

The FSA (USDA) offers 3 benefits for surviving family members.

Farm Loan Continuation

Under 7 CFR 765.451, FSA will continue farm loans (Operating, Farm Ownership, Emergency) with a surviving spouse or co-borrower who is already liable for the debt. FSA may also continue loans with heirs who inherit the property but are not on the note, provided they make scheduled payments and fulfill all borrower responsibilities. Loans may also be formally assumed under 7 CFR Part 765, Subpart I.

CRP Contract Succession

When a Conservation Reserve Program (CRP) participant dies or transfers the enrolled land, the new owner or operator (including an heir) must become a successor to the CRP contract within 60 days, or such other time period as the Commodity Credit Corporation determines (7 CFR 1410.51). The original CRP-1 contract must be revised to reflect the new participant. If the successor signs within 60 days, the estate is not required to refund previous CRP payments. Annual rental payments are prorated between the predecessor (or estate) and successor.

Farm Program Payments (ARC/PLC and Other Programs)

Outstanding farm program payments owed to a deceased participant can be claimed by heirs using Form FSA-325. Payments are distributed in a strict order of precedence: executor first, then surviving spouse, children, parents, siblings, and finally heirs-at-law. The estate retains automatic ARC/PLC eligibility for 2 program years after the year of death; after that, the County Committee determines continued eligibility.

Forms

FSA-325Application for Payment of Amounts Due Persons Who Have Died, Disappeared, or Have Been Declared Incompetent

Filed by an eligible survivor or representative to claim USDA Farm Service Agency program payments owed to a producer who has died.

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When someone dies

Notifying the FSA (USDA) after a death

5-step process, 7 required documents, and 3 survivor benefits.

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Frequently asked questions

The estate retains automatic ARC/PLC eligibility for 2 program years after the program year in which the participant died. After that, the County Committee determines whether the estate is still actively engaged in farming on a case-by-case basis.

Heirs' property (undivided ownership by multiple heirs without probate resolution) can make it difficult to obtain a farm number and participate in FSA programs. FSA provides alternative pathways for heirs' property operators, including accepting affidavits of heirship and county deed or tax records. The Heirs' Property Relending Program provides loans to help resolve ownership issues.

A surviving spouse who takes over farm operations should update FSA records to register as the new operator. If the spouse was a co-borrower on a farm loan, the loan continues automatically. For ARC/PLC and other programs, the spouse should file Form FSA-325 for any outstanding payments and execute new program elections as needed.

Find your local USDA Service Center (which houses the FSA county office) at farmers.gov/working-with-us/service-center-locator. Enter your state and county to find the nearest office with address and contact information. You can also call the FSA National Call Center at 1-877-508-8364.