Senate Bill 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 for terms such as "heir cotenant," "heirs' property," and "non-heir cotenant," and outlines specific requirements for partition petitions, including a statement certifying the property's status as heirs' property. It mandates that citations for partition actions be served to all relevant parties and includes provisions for appointing an attorney ad litem for joint owners whose identities are unknown. Additionally, the bill establishes procedures for notifying parties involved in partition actions and introduces a settlement conference process to facilitate negotiations among parties.
The bill also includes several amendments aimed at enhancing the partition process. It establishes a presumption that defendants attending a settlement conference without a timely answer have a reasonable excuse for their default, allowing them to file an answer within 30 days. It requires parties to negotiate in good faith and prohibits non-heir cotenants with less than 50% interest from initiating partition actions for ten years. Other amendments include requiring certified general appraisers for property valuations, extending the timeline for cotenants to pay their apportioned price into court from 60 to 90 days, and granting a right of first refusal to heir cotenants when a non-heir cotenant sells their interest. The Office of Court Administration will also create a standardized heir's bill of rights form to inform cotenants of their rights and duties. The bill is set to take effect on September 1, 2025.
Statutes affected: Introduced: ()