H.B. No. 4011 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 on whether the property is heirs' property and details about the plaintiff's interest. It also mandates that citations for partition actions be served to all relevant parties and includes provisions for appointing an attorney ad litem for any 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 discussions among parties.

Further amendments enhance the legal framework for partition actions, particularly regarding heirs' property. Key provisions include a presumption that defendants attending settlement conferences but not filing timely answers have reasonable excuses for their defaults, allowing them to file answers within 30 days without waiving substantive defenses. The bill also requires parties to negotiate in good faith, with the court able to refer cases to alternative dispute resolution if negotiations fail. It prohibits non-heir cotenants from initiating partition actions for ten years after acquiring their interest in heirs' property, with exceptions. Additional changes include requirements for appraisers, adjustments to payment timelines for cotenants, and the introduction of a right of first refusal for heir cotenants. A standardized heir's bill of rights form will also be created to inform cotenants of their rights and duties, with the changes taking effect on September 1, 2025, and applying only to partition actions commenced after that date.

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