The proposed bill introduces Chapter 15.1, the "Uniform Partition of Heirs' Property Act," to Title 34 of the General Laws, establishing a comprehensive framework for partition actions involving heirs' property. Heirs' property is defined as real estate held in tenancy in common without a binding agreement among cotenants, where at least 20% of the interests are held by relatives. The new chapter mandates that partition actions filed after January 1, 2026, must follow specific procedures, including a court determination of the property's fair market value, which can be established through appraisal or agreed valuation. The bill also allows for the appointment of impartial commissioners to assist in the partition process and emphasizes the need for transparency by requiring courts to notify all parties of appraisal results.

Key provisions include a structured process for cotenant buyouts when partition by sale is requested, ensuring that all cotenants are notified of their opportunity to purchase the interests of those seeking to sell. The bill outlines timelines for expressing intent to buy, calculating purchase prices, and reallocating interests based on responses. It also addresses scenarios involving multiple interested cotenants and the handling of unknown or unlocatable cotenants. The legislation aims to streamline the partition process while enhancing the rights and protections of cotenants, and it deletes certain outdated legal language to accommodate these new provisions. The act is set to take effect on January 1, 2026.