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KY SB23

KY SB23
AN ACT relating to heirs property.


summary

Introduced
01/06/2026
In Committee
01/06/2026
Crossed Over
Passed
Dead

Introduced Session

2026 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.

AI Summary

This bill enacts the Uniform Partition of Heirs Property Act, which provides a new legal framework for dealing with "heirs property," defined as real property held by multiple owners (cotenants) where at least one owner inherited it from a relative, there's no existing agreement on how to divide it, and a significant portion of ownership or cotenants are related. The Act establishes a court process for partitioning or selling such property, requiring notice to all parties, a determination of the property's fair market value through appraisal or agreement, and outlines procedures for cotenants to buy out others, for partition in kind (physically dividing the property), or for a partition by sale. It also creates an "heirs property research fund" to help residents with research costs related to identifying, evaluating, preserving, or partitioning heirs property, funded in part by a $1 increase in recording and indexing fees collected by county clerks, and makes conforming amendments to existing laws.

Sponsors (1)

Last Action

to Committee on Committees (S) (on 01/06/2026)

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