The proposed bill enacts the "Uniform Partition of Heirs' Property Act" as Chapter 15.1 of Title 34 of the General Laws, establishing a framework for partition actions involving heirs' property. Heirs' property is defined as real property held in tenancy in common that meets specific criteria: there is no binding agreement among cotenants governing the partition, at least one cotenant acquired title from a relative, and at least 20% of the interests are held by relatives or individuals who inherited their title. The act applies to partition actions filed after January 1, 2027, and mandates that if a court determines property is heirs' property, it must be partitioned according to the new provisions unless all cotenants agree otherwise in writing.
Key provisions include the requirement for court-ordered appraisals to determine the fair market value of the property, a process allowing cotenants to buy out the interests of those seeking partition by sale, and the court's authority to order partition in kind or by sale based on specific criteria. The legislation outlines the responsibilities of the court in notifying parties, conducting hearings, and ensuring fair market value assessments. Additionally, it specifies that property sales ordered by the court should generally be conducted as open-market sales, with provisions for appointing a licensed real estate broker to manage the sale and report on offers received. The act aims to create a structured and equitable process for resolving disputes over heirs' property and promotes uniformity among states that adopt this legislation.