The Uniform Partition of Heirs Property Act establishes a clear and efficient process for partition actions involving real property owned by multiple individuals, particularly when at least one owner has inherited their title. The bill introduces specific definitions related to heirs property and mandates that if a court identifies the property as heirs property, a special master must be appointed to oversee the partition process. This process can involve either partition by sale or partition in kind, depending on the circumstances and agreements among the cotenants. The act also emphasizes transparency and fairness, requiring public notice of partition actions and the appointment of disinterested commissioners.
Furthermore, the bill outlines procedures for determining the fair market value of the property and the rights of cotenants to buy out interests. It includes structured processes for notifications and timelines for offers when a partition by sale is requested. If no cotenant opts to purchase, the court will decide on the method of partition. The act aims to protect the interests of cotenants and ensures that any sale is conducted in a commercially reasonable manner with oversight from a licensed real estate broker. The provisions will take effect 30 days after enactment and will apply to partition actions filed thereafter.