The Uniform Partition of Heirs Property Act seeks to create a systematic approach for partition actions involving real property owned by multiple individuals, particularly when at least one owner has inherited their title. The bill defines "heirs property" as real property held in tenancy in common without a binding agreement among cotenants and establishes criteria for determining its fair market value. It mandates that if a court identifies the property as heirs property, a special master must be appointed to oversee the partition process, which may involve appointing commissioners and conducting appraisals.
Furthermore, the bill outlines procedures for partitioning heirs property, including options for partition by sale or in kind, and sets guidelines for notifying cotenants and managing buyout requests. It emphasizes fair market valuation and provides a framework for the court to consider various factors when deciding on partition methods. The act modifies existing laws to align with its provisions and will take effect 30 days after enactment, applying to partition actions filed thereafter.