Bill > HB4011

This bill amends Texas property law to provide additional protections and procedural requirements for partition actions involving heirs' property, which is real property held in tenancy in common where at least one cotenant inherited their interest from a relative. The bill introduces several key provisions, including mandatory settlement conferences for heirs' property partition actions, enhanced notice requirements, and a new right of first refusal for heir cotenants residing on the property. Specifically, the bill requires detailed citation and notice procedures, mandates the appointment of an attorney ad litem to help locate and represent heir cotenants, and establishes a conspicuous posting requirement on the property being partitioned. The legislation also prohibits non-heir cotenants holding less than 50% of the property interest from initiating a partition action for ten years after acquiring their interest. Additionally, the bill creates a new subchapter establishing a right of first refusal for heir cotenants who reside on the property when another cotenant seeks to sell their interest, giving those residents 90 days to match the proposed sale price. The Office of Court Administration is required to develop a standardized "Heir's Bill of Rights" form to help cotenant heirs understand their legal rights and access legal assistance. The bill is set to take effect on September 1, 2025, with most provisions applying to partition actions and property sales initiated after that date.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB4011