HB251 Alabama 2014 Session

Summary

Primary Sponsor

Marcel Black

Democrat

Session

Regular Session 2014

Title

Property, Alabama Uniform Partition of Heirs Property Act, created

Summary

The bill creates the Alabama Uniform Partition of Heirs Property Act to guide how heirs property is partitioned, including valuation, sale, and possible in-kind division.

What This Bill Does

It establishes a formal process for partitioning heirs property, defines heirs property, and sets rules for actions filed after January 1, 2015. It requires courts to determine if property is heirs property and to follow the act’s procedures, unless all cotenants agree in writing to a different approach. It outlines how property is valued (court-ordered appraisal or agreed value) and how that value sets buyout prices, as well as the methods and timelines for partition by sale or partition in kind, including broker involvement and reporting requirements.

Who It Affects

• Cotenants who hold property as heirs property (often family members) who may request partition by sale or partition in kind and may have rights to buy out other cotenants based on the appraised value.
• Courts, commissioners, licensed real estate appraisers and brokers, guardians ad litem, and other parties involved in partition actions, who must follow new procedures for valuation, notices, sales, and distribution of proceeds.

Key Provisions

• Establishes the Alabama Uniform Partition of Heirs Property Act, defines heirs property, partition by sale, and partition in kind, applies to actions filed after January 1, 2015, and supersedes conflicting prior law.
• Sets out valuation and sale mechanics, including court-ordered appraisals by licensed appraisers, options for agreed valuation, buyout pricing based on the entire parcel value times ownership fraction, open market or auction sales, broker appointment, and procedures for distributing sale proceeds.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property, Real and Personal