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KY SB23
Bill
Status
Introduced
1/6/2026
Primary Sponsor
Reginald Thomas
Click for details
AI Summary
- Adopts the Uniform Partition of Heirs Property Act (Sections 1-13) to govern partition actions involving real property held in tenancy in common where 20% or more of interests are held by relatives or acquired from relatives
- Requires court-ordered appraisals to determine fair market value before partition sales, and gives cotenants who did not request a sale 45 days to purchase the interests of those who did at appraised value
- Mandates partition in kind (physical division) unless the court finds it would result in "manifest prejudice" to cotenants as a group, considering factors like sentimental attachment, ancestral value, and duration of family ownership
- Creates an heirs property research fund in the State Treasury, funded by a new $1 fee on recorded documents (increasing the base recording fee from $33 to $34), providing grants up to $2,000 to Kentucky residents for genealogical research, title searches, appraisals, and surveys related to heirs property
- Requires open-market sales (rather than auctions) as the default method when partition by sale is ordered, with licensed brokers marketing property at no less than appraised value for at least 100 days
Legislative Description
AN ACT relating to heirs property.
Civil Actions
Last Action
to Committee on Committees (S)
1/6/2026
Committee Referrals
Committee on Committees1/6/2026
Full Bill Text
No bill text available