H.B. No. 4011 amends the Uniform Partition of Heirs' Property Act in Texas by introducing new sections to the Property Code that clarify the partition or voluntary sale of real property owned by cotenants. The bill defines key terms such as "heir cotenant" and "non-heir cotenant," and establishes requirements for partition petitions, including certifications about the property’s status and the plaintiff's interest. It mandates that citations for partition actions be served to all relevant parties, including joint owners and those who have paid property taxes, and outlines the notification process. Additionally, the bill requires the appointment of an attorney ad litem for unknown joint owners and sets forth a preliminary hearing to determine if the property qualifies as heirs' property, aiming to enhance transparency and fairness in the partition process.

Further changes include a presumption that defendants attending settlement conferences without timely answers have reasonable excuses, allowing them to file answers within 30 days. The bill encourages good faith negotiations and allows for court referral to alternative dispute resolution if negotiations fail. It prohibits non-heir cotenants with less than 50% interest from initiating partition actions for ten years, requires certified general appraisers for property valuations, and establishes a right of first refusal for heir cotenants when a non-heir cotenant seeks to sell their interest. A standardized heir's bill of rights form will also be created to inform cotenant heirs of their rights and duties. The provisions will take effect on September 1, 2025, and apply only to partition actions commenced on or after that date.

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