House Bill No. 4011 amends the Uniform Partition of Heirs' Property Act in Texas by introducing new sections to the Property Code that establish clear procedures for partitioning or selling real property owned by cotenants. The bill defines key terms such as "heir cotenant" and "non-heir cotenant," and outlines requirements for petitions to partition property, including a statement on whether the property is heirs' property and the plaintiff's percentage 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 sets forth a notification process. Additionally, the bill requires the appointment of an attorney ad litem for unknown joint owners and establishes a process for settlement conferences if the property is classified as heirs' property.
Further provisions in the bill include a presumption that defendants attending settlement conferences but failing to file timely answers have reasonable excuses, allowing them to file answers within 30 days without waiving defenses. It also requires parties to negotiate in good faith and allows the court to refer unresolved cases to alternative dispute resolution. The bill prohibits non-heir cotenants with less than 50% interest from initiating partition actions for ten years and grants heir cotenants the right of first refusal when a non-heir cotenant seeks to sell their interest. Additional amendments address appraiser requirements, timelines for cotenants to pay apportioned prices, and the introduction of a standardized heir's bill of rights form. The bill is set to take effect on September 1, 2025, with certain provisions applicable to actions occurring after January 1, 2026.
Statutes affected: Introduced: ()