H.B. No. 4011 amends the Uniform Partition of Heirs' Property Act in Texas by introducing new sections to the Property Code that establish detailed procedures for partitioning or voluntarily selling real property owned by cotenants. The bill defines key terms such as "heir cotenant" and "non-heir cotenant," and requires petitions for partition to include specific information, including the plaintiff's percentage interest and the classification of the property as heirs' property. 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. A preliminary hearing is required to determine if the property is heirs' property, and if confirmed, provisions of Chapter 23A will apply unless all cotenants agree otherwise.

The bill further enhances the legal framework for partition actions 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 cases to alternative dispute resolution if negotiations fail. Additionally, it prohibits non-heir cotenants from initiating partition actions for ten years if they hold less than 50% interest in the property. Other amendments include requirements for appraisers, adjustments to payment timelines for cotenants, a right of first refusal for heir cotenants, and the creation of a standardized heir's bill of rights form. These changes will take effect on September 1, 2025, and apply only to partition actions commenced on or after that date.

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