GA HB744

Enacts the "Uniform Partition of Heirs Property Act" in Georgia, effective January 1, 2013, establishing special procedures for partition actions involving real property held in tenancy in common where one or more cotenants acquired title from a relative and at least 20% of interests or cotenants meet family-relationship criteria.

Requires courts to determine the fair market value of heirs property through a court-appointed, disinterested licensed appraiser, with parties given 30 days to object to the appraisal; cotenants may alternatively agree on a property value or valuation method.

Establishes a cotenant buyout process allowing non-requesting cotenants up to 45 days to elect to purchase the interests of cotenants who requested partition by sale, at a price based on the court-determined fair market value multiplied by the selling cotenant's fractional ownership share.

Mandates that courts favor partition in kind (physical division) over partition by sale unless it would result in "manifest prejudice" to cotenants as a group, considering factors such as sentimental or ancestral attachment, duration of family ownership, current lawful use, and each cotenant's contributions to taxes, insurance, and upkeep.

Requires that any court-ordered sale default to an open-market sale conducted by a broker at no less than the court-determined fair market value, with sealed bids or public sale permitted only if the court finds those methods more economically advantageous for the cotenants as a group.