The Uniform Partition of Heirs Property Act establishes a legal framework for the partition of real property held in tenancy in common, specifically addressing situations where the property is classified as "heirs property." The act defines key terms such as "heirs property," "partition by sale," and "partition in kind," and outlines the court's responsibilities in determining whether a property qualifies as heirs property. It mandates that if the court finds the property to be heirs property, it must appoint a special master to oversee the partition process, unless all cotenants agree otherwise. The act also stipulates that if a partition by sale is requested, cotenants have the opportunity to buy out the interests of those requesting the sale before proceeding with the sale.
Additionally, the act provides detailed procedures for determining the fair market value of heirs property, the appointment of impartial commissioners, and the methods for selling the property, whether through open-market sales, sealed bids, or auctions. It emphasizes the need for transparency and fairness in the partition process, including requirements for notice to all parties involved and the handling of any objections to appraisals. The act modifies existing laws to ensure consistency with its provisions and is set to take effect 30 days after enactment, applying to partition actions filed thereafter.