S.B. No. 600 amends the Uniform Partition of Heirs' Property Act by adding new sections to the Property Code, specifically Sections 23.0014 through 23.0025. These sections define key terms such as "heir cotenant," "heirs' property," and "non-heir cotenant," and outline the requirements for filing a partition petition, including necessary certifications and property information. The bill mandates that citations for partition actions be served to all relevant parties, including joint owners and those who have paid property taxes, and requires a notice to be posted on the property involved. It also allows for a settlement conference if the property is deemed heirs' property and provides for the appointment of an attorney ad litem for unknown joint owners.
The bill further enhances the partition process by establishing a presumption that defendants attending settlement conferences without timely answers have reasonable excuses for their defaults, allowing them to file answers within 30 days. It requires parties to negotiate in good faith and allows the court to refer unresolved cases to alternative dispute resolution. Additionally, it prohibits non-heir cotenants from initiating partition actions for ten years after acquiring their interest unless specific conditions are met. Other provisions include the requirement for certified appraisers for property valuation, a right of first refusal for heir cotenants when a non-heir cotenant seeks to sell their interest, and the creation of a standardized heir's bill of rights form. These changes will take effect on September 1, 2025, and will apply only to partition actions commenced on or after that date.
Statutes affected: Introduced: ()