S.B. No. 600 amends the Uniform Partition of Heirs' Property Act to provide clearer guidelines for the partition or voluntary sale of real property owned by cotenants, particularly focusing on heirs' property. The bill introduces new definitions such as "heir cotenant," "heirs' property," and "non-heir cotenant," and establishes requirements for petitions to partition property, including specific information about the property and the interests of the plaintiffs. It also sets forth procedural requirements for citation and notice, including the appointment of an attorney ad litem for unknown joint owners and mandates a settlement conference if the property is classified as heirs' property.
Additionally, the bill includes provisions that allow defendants attending a settlement conference to file an answer within 30 days without waiving defenses, and it requires good faith negotiations among parties. It prohibits non-heir cotenants with less than 50% interest from initiating partition actions for ten years and introduces a right of first refusal for heir cotenants when a non-heir cotenant intends to sell their interest. The Office of Court Administration is tasked with creating a standardized heir's bill of rights form to inform cotenant heirs of their rights and duties. The provisions of this bill will apply only to partition actions commenced after its effective date of September 1, 2025, with certain transitional rules for actions initiated before that date.
Statutes affected: Introduced: ()