summary
Introduced
01/30/2026
01/30/2026
In Committee
01/30/2026
01/30/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
This act would enact processes to partition heirs' property, which often refers to real property that is owned by multiple relatives (co-tenants) who have inherited the property's title and that does not have a written agreement on how to divide the property. Under the act, if a cotenant sought to partition the property, the court would have to notify all other co-tenants and allow them to buy out the interest of the co-tenant wishing to sell. The act would require the court to determine the fair market value of the property and specify how to do so. Also, under certain conditions, such as if a buyout did not occur, the court could require co-tenants to divide the property into physically distinct and separately titled parcels. If the court ordered a sale of the property and the co-tenants agreed, the court would have to hire a real estate broker for the sale of a property and require that broker to file a report containing information on offers for the property. This act would take effect on January 1, 2027.
AI Summary
This bill adopts the Uniform Partition of Heirs' Property Act, establishing new procedures for dividing "heirs' property," which is defined as real estate owned by multiple relatives (co-tenants) who inherited it without a written agreement on how to manage or divide it. If a co-tenant seeks to partition the property, the court must notify all other co-tenants, who then have an opportunity to buy out the interest of the co-tenant wishing to sell at a price determined by the court to be the fair market value. If a buyout doesn't occur, the court can order a physical division of the property into separate parcels, or if that's not feasible or would cause significant harm, it can order a sale. If a sale is ordered, and the co-tenants agree, the court will hire a real estate broker to manage the sale and report on offers received, with the act taking effect on January 1, 2027.
Committee Categories
Justice
Sponsors (5)
Last Action
Committee recommended measure be held for further study (on 03/03/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://status.rilegislature.gov/ |
| BillText | https://webserver.rilegislature.gov/BillText26/SenateText26/S2394.pdf |
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