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KY SB54

KY SB54
AN ACT relating to heirs property and making an appropriation therefor.


summary

Introduced
01/02/2024
In Committee
01/03/2024
Crossed Over
Passed
Dead
04/15/2024

Introduced Session

2024 Regular Session

Bill Summary

Create new sections of KRS Chapter 381 to enact the Uniform Partition of Heirs Property Act; define terms, including "heirs property"; create a mechanism for partition or sale among cotenants by the court; create requirements for notice and determination of value through agreement or appraisal; create protocol for buyouts, partition alternatives, partition in kind, sale by open market, sealed bids, or auction; create the heirs property research fund; amend KRS 324B.050 to authorize the Kentucky Real Estate Authority to promulgate administrative regulations to issue grants from the fund; amend KRS 64.012 to increase the recording and indexing fee collected by county clerks by $1 and to direct those additional fees to the heirs property research fund; amend KRS 381.135 and 389A.030 to conform; APPROPRIATION.

AI Summary

This bill creates new sections of KRS Chapter 381 to enact the Uniform Partition of Heirs Property Act. The key provisions include: - Defining "heirs property" as real property held in tenancy in common where 20% or more of the interests are held by relatives or by someone who acquired the property from a relative. - Establishing a process for the court to determine the fair market value of heirs property, including through appraisal or agreement of the cotenants. - Providing a mechanism for cotenants to buy out the interests of other cotenants who request partition by sale. - Allowing the court to order partition in kind or partition by sale of the heirs property. - Creating the Heirs Property Research Fund to provide grants up to $2,000 to help Kentucky residents research their family history and identify, evaluate, preserve, partition, or sell heirs property. - Amending existing laws to increase the county clerk recording/indexing fee by $1 and direct that additional revenue to the Heirs Property Research Fund, and to authorize the Kentucky Real Estate Authority to administer the fund and grant application process.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

to Appropriations & Revenue (S) (on 01/03/2024)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Civil Law and Procedure
  • ‐ Property Rights

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