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AZ HB2521
Bill
Status
4/9/2024
Primary Sponsor
Michele Pena
Click for details
AI Summary
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Adds Chapter 27 to Title 12 of Arizona Revised Statutes, establishing the Uniform Partition of Heirs Property Act to govern partition of real property held in tenancy in common by relatives.
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Defines "heirs property" as real property in tenancy in common where at least 20% of interests are held by relatives or were acquired from relatives, and no binding agreement exists governing partition.
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Establishes a three-step partition process: (1) court determines fair market value through appraisal or agreement, (2) non-selling cotenants have 45 days to buy out interests of those requesting sale, (3) remaining property is partitioned in kind unless manifest prejudice would result, otherwise ordered sold.
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Requires court to consider seven factors when determining whether partition in kind causes manifest prejudice, including practicability of division, sentimental attachment, ancestral value, and cotenants' maintenance contributions.
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Amends Section 14-3911 to allow partition of heir property in probate estates to proceed either under traditional civil partition law or under the new Chapter 27 procedures, effective upon the bill's enactment.
Legislative Description
Partition; property; inheritance
Property
Last Action
Chapter 122
4/9/2024