HB2521 introduces the Uniform Partition of Heirs Property Act to Arizona law, establishing a legal framework for partitioning real property held in tenancy in common, specifically when it is considered "heirs property"—property passed down without a will or specific partition agreement. The bill defines relevant terms, sets procedures for courts to determine property value, allows cotenants to buy out others, and outlines how to handle partition actions, including whether to partition in kind or by sale. It aims to prevent forced sales, preserve family property, and ensure fair and equitable treatment of cotenants.

The bill modifies existing law by detailing the process for court-ordered appraisals, buyouts, reallocation of interests, and sales methods such as open-market sales, sealed bids, or auctions. It also changes the language from "prior to" to "before" regarding the petitioning for partition before the closing of an estate and provides two methods for partition—either by civil action law or under the new chapter. The legislation promotes uniformity with other states that have similar laws and addresses the appointment of disinterested commissioners in partition actions.

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