The proposed bill, HB2521, aims to implement the Uniform Partition of Heirs Property Act (UPHPA) in Arizona, establishing a structured framework for partitioning real property held in tenancy in common among heirs or devisees. It introduces specific definitions for terms such as "heirs property" and outlines the court's responsibilities in determining whether property qualifies as heirs property. If it does, the court must partition the property according to the UPHPA unless all cotenants agree otherwise. The bill also mandates court-ordered appraisals to establish fair market value and allows cotenants the option to buy out interests before any sale.

Key changes from current law include a more defined process for partitioning heirs property, emphasizing open-market sales unless a sealed bid or auction is more beneficial. The bill requires the appointment of a broker to oversee the sale, ensuring the property is sold at fair market value and that the sale process is transparent. Additionally, it mandates that courts consider potential prejudice to cotenants when deciding on partition methods and clarifies the qualifications for court-appointed commissioners. Overall, the bill seeks to enhance fairness and transparency in the partitioning and sale of heirs property.

Statutes affected:
Introduced Version: 14-3911
House Engrossed Version: 14-3911, 12-3405, 12-3406, 12-3407, 12-3408, 12-3409, 12-3410, 12-1215, 12-3411, 12-3412
Chaptered Version: 14-3911, 12-3405, 12-3406, 12-3407, 12-3408, 12-3409, 12-3410, 12-1215, 12-3411, 12-3412