Pennsylvania SB 890: An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, providing for uniform partition of heirs property and for uniform real property transfer on death.

Bill Text

PRIOR PRINTER'S NO. 1018 PRINTER'S NO. 1837
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 890
Session of
2025
INTRODUCED BY BARTOLOTTA AND STEFANO, JUNE 27, 2025
SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 23, 2026
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, providing for uniform
partition of heirs property. AND FOR UNIFORM REAL PROPERTY
TRANSFER ON DEATH.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter CHAPTERS to read:
CHAPTER 21A
UNIFORM PARTITION OF HEIRS PROPERTY ACT
Sec.
21A21. Short title of chapter.
21A22. Definitions.
21A23. Applicability and relation to other law.
21A23.1. Right of first refusal required.
21A24. Service and notice by posting.
21A24.1. Settlement conference.
21A25. Hearing officers.
21A26. Determination of value.
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21A27. Cotenant buyout.
21A28. Partition alternatives.
21A29. Considerations for partition in kind.
21A30. Open-market sale, sealed bids or auction.
21A31. Report of open-market sale.
21A32. Uniformity of application and construction.
21A33. Relation to Electronic Signature in Global and National
Commerce Act.
§ 21A21. Short title of chapter.
This chapter may be referred to as the Uniform Partition of
Heirs Property Act.
§ 21A22. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Ascendant." An individual who precedes another individual
in lineage, in the direct line of ascent from the other
individual.
"Collateral." An individual who is related to another
individual under the law of intestate succession of this
Commonwealth but who is not the other individual's ascendant or
descendant.
"Cotenant." One of two or more individuals who together hold
an ownership interest in real property as tenants in common.
"Descendant." An individual who follows another individual
in lineage, in the direct line of descent from the other
individual.
"Determination of value." A court order determining the fair
market value of heirs property under section 21A26 (relating to
determination of value) or 21A30 (relating to open-market sale,
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sealed bids or auction) or adopting the valuation of the
property agreed to by all cotenants.
"Heirs property." Real property held in tenancy in common
which satisfies all of the following requirements as of the
filing of a partition action:
(1) There is no agreement in a record binding all the
cotenants which governs the partition of the property.
(2) One or more of the cotenants acquired an equitable
interest in the property via testate or intestate succession
or acquired the title from a relative, whether living or
deceased.
(3) Any of the following applies:
(i) twenty percent or more of the interests are held
by cotenants who are relatives;
(ii) twenty percent or more of the interests are
held by an individual who acquired title from a relative,
whether living or deceased; or
(iii) twenty percent or more of the cotenants are
relatives.
"Partition by sale." A court-ordered sale of the entire
heirs property, whether by auction, sealed bids or open-market
sale conducted under section 21A30.
"Partition in kind." The division of heirs property into
physically separated titled parcels.
"Record." Information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is
retrievable in perceivable form.
"Relative." An ascendant, descendant or collateral or an
individual otherwise related to another individual by blood,
marriage, adoption or law of this Commonwealth other than this
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chapter.
§ 21A23. Applicability and relation to other law.
(a) Applicability.--This chapter applies to partition
actions filed on or after the effective date of this section.
(b) Determination.--In an action to partition real property,
the court shall determine whether the property is heirs
property. If the court determines that the property is heirs
property, the property must be partitioned under this chapter
unless all the cotenants otherwise agree in a record.
(c) Supplementation.--This chapter supplements section 3534
(relating to distribution in kind) and, if an action is governed
by this chapter, it replaces the provisions of section 3534 that
are inconsistent with this chapter.
§ 21A23.1. Right of first refusal required.
When a cotenant receives a bona fide offer from a noncotenant
to purchase a share or shares of an heir's property and the
cotenant intends to accept or respond with a counteroffer, the
cotenants who inherited their share or shares of the property or
the