HB251 Summary: Alabama Uniform Partition of Heirs Property Act

• Establishes the Alabama Uniform Partition of Heirs Property Act, creating new procedures for partitioning real property held in tenancy in common where at least 20% of interests are held by relatives or acquired from relatives.

• Requires courts to determine fair market value of heirs property through court-ordered appraisal by a licensed real estate appraiser, unless all cotenants agree to an alternative valuation method.

• Provides a three-stage partition process: (1) cotenants may request partition by sale, (2) non-requesting cotenants have opportunity to purchase requesting cotenants' interests, and (3) remaining interests are either divided in kind or sold based on court determination.

• Authorizes courts to order partition in kind (physical division) unless finding that doing so would cause great prejudice, considering factors including property divisibility, loss of value, family duration of ownership, and sentimental attachment to the property.

• Applies to partition actions filed on or after January 1, 2015, and supplements Chapter 6 of Title 35, Code of Alabama 1975, replacing any inconsistent provisions.