MA S1239

Adds Section 38 to Chapter 241 establishing special procedures for partitioning "heirs property" — real property held in tenancy in common where at least one cotenant inherited from a relative and 20% or more of interests are held by relatives or those who inherited from relatives

Requires court-ordered appraisal by a licensed disinterested appraiser to determine fair market value before partition, with parties given 31 days to object to the appraisal

Grants cotenants who did not request partition by sale a 45-day right to purchase the interests of cotenants seeking sale, at a price based on the appraised value multiplied by the seller's fractional ownership

Mandates partition in kind (physical division) unless the court finds it would cause "great prejudice" to cotenants as a group, considering factors including ancestral value, sentimental attachment, duration of family ownership, and each cotenant's contributions to property upkeep

Requires open-market sales through a court-appointed licensed broker when partition by sale is ordered, with sealed bids or auction permitted only if more economically advantageous to the cotenants as a group