HB 1498 — An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, providing for uniform partition of heirs property.

PRINTER'S NO.   1750

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1498
                                                Session of
                                                  2025

     INTRODUCED BY RABB, BONNER, SANCHEZ, CEPEDA-FREYTIZ, JAMES,
        RADER, KHAN AND D. WILLIAMS, MAY 22, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        MAY 22, 2025


                                    AN ACT
 1   Amending Title 20 (Decedents, Estates and Fiduciaries) of the
 2      Pennsylvania Consolidated Statutes, providing for uniform
 3      partition of heirs property.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 20 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a chapter to read:
 8                                CHAPTER 21A
 9                UNIFORM PARTITION OF HEIRS PROPERTY ACT
10   Sec.
11   21A21.   Short title of chapter.
12   21A22.   Definitions.
13   21A23.   Applicability and relation to other law.
14   21A23.1. Right of first refusal required.
15   21A24.   Service and notice by posting.
16   21A24.1. Settlement conference.
17   21A25.   Hearing officers.
18   21A26.   Determination of value.
 1   21A27.   Cotenant buyout.
 2   21A28.   Partition alternatives.
 3   21A29.   Considerations for partition in kind.
 4   21A30.   Open-market sale, sealed bids or auction.
 5   21A31.   Report of open-market sale.
 6   21A32.   Uniformity of application and construction.
 7   21A33.   Relation to Electronic Signature in Global and National
 8                 Commerce Act.
 9   § 21A21.   Short title of chapter.
10      This chapter may be referred to as the Uniform Partition of
11   Heirs Property Act.
12   § 21A22.   Definitions.
13      The following words and phrases when used in this chapter
14   shall have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      "Ascendant."    An individual who precedes another individual
17   in lineage, in the direct line of ascent from the other
18   individual.
19      "Collateral."    An individual who is related to another
20   individual under the law of intestate succession of this
21   Commonwealth but who is not the other individual's ascendant or
22   descendant.
23      "Cotenant."    One of two or more individuals who together hold
24   an ownership interest in real property as tenants in common.
25      "Descendant."    An individual who follows another individual
26   in lineage, in the direct line of descent from the other
27   individual.
28      "Determination of value."    A court order determining the fair
29   market value of heirs property under section 21A26 (relating to
30   determination of value) or 21A30 (relating to open-market sale,

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 1   sealed bids or auction) or adopting the valuation of the
 2   property agreed to by all cotenants.
 3      "Heirs property."      Real property held in tenancy in common
 4   which satisfies all of the following requirements as of the
 5   filing of a partition action:
 6          (1)     There is no agreement in a record binding all the
 7      cotenants which governs the partition of the property.
 8          (2)     One or more of the cotenants acquired an equitable
 9      interest in the property via testate or intestate succession
10      or acquired the title from a relative, whether living or
11      deceased.
12          (3)     Any of the following applies:
13                (i)    twenty percent or more of the interests are held
14          by cotenants who are relatives;
15                (ii)    twenty percent or more of the interests are
16          held by an individual who acquired title from a relative,
17          whether living or deceased; or
18                (iii)    twenty percent or more of the cotenants are
19          relatives.
20      "Partition by sale."      A court-ordered sale of the entire
21   heirs property, whether by auction, sealed bids or open-market
22   sale conducted under section 21A30.
23      "Partition in kind."      The division of heirs property into
24   physically separated titled parcels.
25      "Record."    Information that is inscribed on a tangible medium
26   or that is stored in an electronic or other medium and is
27   retrievable in perceivable form.
28      "Relative."      An ascendant, descendant or collateral or an
29   individual otherwise related to another individual by blood,
30   marriage, adoption or law of this Commonwealth other than this

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 1   chapter.
 2   § 21A23.    Applicability and relation to other law.
 3      (a)     Applicability.--This chapter applies to partition
 4   actions filed on or after the effective date of this section.
 5      (b)     Determination.--In an action to partition real property,
 6   the court shall determine whether the property is heirs
 7   property. If the court determines that the property is heirs
 8   property, the property must be partitioned under this chapter
 9   unless all the cotenants otherwise agree in a record.
10      (c)     Supplementation.--This chapter supplements section 3534
11   (relating to distribution in kind) and, if an action is governed
12   by this chapter, it replaces the provisions of section 3534 that
13   are inconsistent with this chapter.
14   § 21A23.1.    Right of first refusal required.
15      When a cotenant receives a bona fide offer from a noncotenant
16   to purchase a share or shares of an heir's property and the
17   cotenant intends to accept or respond with a counteroffer, the
18   cotenants who inherited their share or shares of the property or
19   the cotenants who are relatives to those cotenants who inherited
20   their share or shares of the property shall have the right to
21   purchase the shares for the identical price, terms and
22   conditions of the offer or counteroffer, with first priority to
23   a cotenant who is in possession of the heir's property as their
24   primary residence and second priority to a cotenant who
25   otherwise utilizes the property.
26   § 21A24.    Service and notice by posting.
27      (a)     Service of complaint.--This chapter does not limit or
28   affect the method by which services of a complaint in a
29   partition action may be made.
30      (b)     Notice and posting.--If the plaintiff in a partition

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 1   action seeks an order of notice by publication and the court
 2   determines that the property may be heirs property, the
 3   plaintiff, not later than 10 days after the court's
 4   determination, shall post and maintain while the action is
 5   pending a conspicuous sign on the property that is the subject
 6   of the action. The sign shall state that the action has
 7   commenced and identify the name and address of the court and the
 8   common designation by which the property is known. The court may
 9   require the plaintiff to publish on the sign the name of the
10   plaintiff and the known defendants.
11   § 21A24.1.   Settlement conference.
12      (a)   Conference required.--In a partition action of heirs
13   property, after service and notice under section 21A24 (relating
14   to service and notice by posting) and before additional action
15   is taken, the court shall hold a mandatory settlement conference
16   within 60 days after the date of determination of heirs property
17   under section 21A23(b) (relating to applicability and relation
18   to other law), or on a date agreed to by the parties, for the
19   purpose of holding settlement discussions.
20      (b)   Notice.--After an heirs property determination is made
21   under section 21A23(b), the court shall promptly send a notice
22   to parties advising them of the time and place of the settlement
23   conference, the purpose of the conference and the requirements
24   of this section. The notice shall be in a form prescribed by the
25   Administrative Office of Pennsylvania Courts or, at the
26   discretion of the Administrative Office of Pennsylvania Courts,
27   the administrative judge of the judicial district in which the
28   action is pending. The plaintiff in the partition action shall
29   post a copy of the settlement conference notice in a conspicuous
30   place on the property within 20 days of the date of the notice.

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 1      (c)   Settlement conference.--The settlement conference may be
 2   adjourned or reconvened during the pendency of the partition
 3   action. At a conference held under this section, if the
 4   defendant is appearing pro se, the court shall advise the
 5   defendant of the nature of the action and the defendant's rights
 6   and responsibilities as a defendant.
 7      (d)   Notice after failure to answer.--The following shall
 8   apply:
 9            (1)   At the first settlement conference held under this
10      section, if the defendant has not filed a responsive
11      pleading, the court shall:
12                  (i)    advise the defendant of the requirement to
13            respond to the complaint;
14                  (ii)    explain what is required to respond to a
15            complaint in court;
16                  (iii)    advise the defendant that the ability to
17            contest the partition action and assert defenses may be
18            lost if a response is not filed;
19                  (iv)    set a deadline for any cotenants requesting
20            partition by sale; and
21                  (v)    provide information about available resources
22            for legal assistance.
23            (2)   A defendant who appears at the settlement conference
24      but fails to file a timely responsive pleading shall be
25      presumed to have a reasonable excuse for the default and
26      shall be permitted to serve and file a responsive pleading,
27      without any substantive defenses deemed to have been waived,
28      within 30 days of initial appearance at the settlement
29      conference. The default shall be deemed vacated upon service
30      and filing of an answer or other responsive pleading.

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 1      (e)     Good faith negotiation required.--The plaintiffs and
 2   defendants shall negotiate in good faith to reach a mutually
 3   agreeable resolution, including, but not limited to, a tenancy
 4   in common agreement, a cotenant buyout and the allocation,
 5   mechanics and financing thereof or any other agreement or loss
 6   mitigation that is fair and reasonable considering the totality
 7   of factors.
 8      (f)     Failure to reach resolution.--If the parties do not
 9   reach a mutually agreeable resolution, a judicial hearing
10   officer or other staff designated by the court to oversee the
11   settlement conference process shall make a report of findings of
12   fact, conclusions of law and recommendations for relief to the
13   court concerning any party's failure to negotiate in good faith
14   under subsection (e). If the court determines a plaintiff has
15   failed to negotiate in good faith, the court shall dismiss the
16   partition action.
17      (g)     Abeyance allowed.--Motions submitted by a party to the
18   action may be held in abeyance while the settlement conference
19   process is ongoing, except for motions concerning:
20            (1)   a determination of the percentage interests, if any,
21      owned by any alleged cotenant if the interests are in
22      dispute; and
23            (2)   compliance with this section, including applications
24      to extend deadlines specified in this section.
25   § 21A25.    Hearing officers.
26      If the court appoints hearing officers under Pa.R.C.P. No.
27   1558 (relating to preliminary conference appointment of hearing
28   officer), each hearing officer, in addition to the requirements
29   and disqualifications applicable to hearing officers, must be
30   disinterested and impartial and not a party to or a participant

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 1   in the action.
 2   § 21A26.    Determination of value.
 3      (a)     General rule.--Except as otherwise provided in
 4   subsections (b) and (c), if the court determines that the
 5   property that is the subject of a partition action is heirs
 6   property, the court shall determine the fair market value of the
 7   property by ordering an appraisal under subsection (d).
 8      (b)     Agreement by cotenants.--If all cotenants have agreed to
 9   the value of the property or to another method of valuation, the
10   court shall adopt that value or the value produced by the agreed
11   method of valuation.
12      (c)     When determined by court.--If the court determines that
13   the evidentiary value of an appraisal is outweighed by the cost
14   of the appraisal, the court, after an evidentiary hearing, shall
15   determine the fair market value of the property and send notice
16   to the parties of the value.
17      (d)     Appointment of appraiser.--If the court orders an
18   appraisal, the court shall appoint a disinterested real estate
19   appraiser licensed in this Commonwealth to determine the fair
20   market value of the property assuming sole ownership of the fee
21   simple estate. On completion of the appraisal, the appraiser
22   shall file a sworn or verified appraisal with the court.
23      (e)     Notice.--If an appraisal is conducted under subsection
24   (d), not later than 10 days after the appraisal is filed, the
25   court shall send notice to each party with a known address,
26   stating:
27            (1)   The appraised fair market value of the property.
28            (2)   That the appraisal is available at the clerk's
29      office.
30            (3)   That a party may file with the court an objection to

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 1      the appraisal not later than 30 days after the notice is
 2      sent, stating the grounds for the objection.
 3      (f)     Hearing.--If an appraisal is filed with the court under
 4   subsection (d), the court shall conduct a hearing to determine
 5   the fair market value of the property not sooner than 30 days
 6   after a copy of the notice of the appraisal is sent to each
 7   party under subsection (e), whether or not an objection to the
 8   appraisal is filed under subsection (e)(3). In addition to the
 9   court-ordered appraisal, the court may consider any other
10   evidence of value offered by a party.
11      (g)     Posthearing determination and notice.--After a hearing
12   under subsection (f), but before considering the merits of the
13   partition action, the court shall determine the fair market
14   value of the property and send notice to the parties of the
15   value.
16   § 21A27.    Cotenant buyout.
17      (a)     Initial notice to parties.--If a cotenant requested
18   partition by sale, after the determination of value under
19   section 21A26 (relating to determination of value), the court
20   shall send notice to the parties that any cotenant except a
21   cotenant that requested partition by sale may buy all the
22   interests of the cotenants that requested partition by sale.
23      (b)     Cotenant notice to court.--Not later than 45 days after
24   the notice is sent under subsection (a), any cotenant except a
25   cotenant that requested partition by sale may give notice to the
26   court that it elects to buy all the interests of the cotenants
27   that requested partition by sale.
28      (c)     Purchase price.--The purchase price for each of the
29   interests of a cotenant that requested partition by sale is the
30   value of the entire parcel determined under section 21A26

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 1   multiplied by the cotenant's fractional ownership of the entire
 2   parcel.
 3      (d)    Subsequent court notice to parties.--After expiration of
 4   the period in subsection (b), the following rules apply:
 5             (1)   If only one cotenant elects to buy all the interests
 6      of the cotenants that requested partition by sale, the court
 7      shall notify all the parties of that fact.
 8             (2)   If more than one cotenant elects to buy all the
 9      interests of the cotenants that requested partition by sale,
10      the court shall allocate the right to buy those interests
11      among the electing cotenants based on each electing
12      cotenant's existing fractional ownership of the entire parcel
13      divided by the total existing fractional ownership of all
14      cotenants electing to buy and send notice to all the parties
15      of that fact and of the price to be paid by each electing
16      cotenant.
17             (3)   If no cotenant elects to buy all the interests of
18      the cotenants that requested partition by sale, the court
19      shall send notice to all the parties of that fact and resolve
20      the partition action under section 21A28(a) and (b) (relating
21      to partition alternatives).
22      (e)    Payment and effect.--If the court sends notice to the
23   parties under subsection (d)(1) or (2), the court shall set a
24   date, not sooner than 60 days after the date the notice was
25   sent, by which electing cotenants must pay their apportioned
26   price into the court. In determining an appropriate date by
27   which electing cotenants must pay their apportioned price into
28   the court, the court shall consider the time necessary to obtain
29   financing and may extend the deadline upon request. After this
30   date, the following rules apply:

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 1            (1)   If all electing cotenants timely pay their
 2      apportioned price into court, the court shall issue an order
 3      reallocating all the interests of the cotenants and disburse
 4      the amounts held by the court to the persons entitled to
 5      them.
 6            (2)   If no electing cotenant timely pays its apportioned
 7      price, the court shall resolve the partition action under
 8      section 21A28(a) and (b) as if the interests of the cotenants
 9      that requested partition by sale were not purchased.
10            (3)   If one or more but not all of the electing cotenants
11      fail to pay their apportioned price on time, the court shall
12      give notice to the electing cotenants that paid their
13      apportioned price of the interest remaining and the price for
14      all that interest.
15      (f)   Purchase of remaining interest.--Not later than 20 days
16   after the court gives notice under subsection (e)(3), a cotenant
17   that paid may elect to purchase all of the remaining interest by
18   paying the entire price into the court. After the 20-day period,
19   the following rules apply:
20            (1)   If only one cotenant pays the entire price for the
21      remaining interest, the court shall issue an order
22      reallocating the remaining interest to that cotenant. The
23      court shall issue promptly an order reallocating the
24      interests of all of the cotenants and disburse the amounts
25      held by it to the persons entitled to them.
26            (2)   If no cotenant pays the entire price for the
27      remaining interest, the court shall resolve the partition
28      action under section 21A28(a) and (b) as if the interests of
29      the cotenants that requested partition by sale were not
30      purchased.

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 1            (3)   If more than one cotenant pays the entire price for
 2      the remaining interest, the court shall reapportion the
 3      remaining interest among those paying cotenants, based on
 4      each paying cotenant's original fractional ownership of the
 5      entire parcel divided by the total original fractional
 6      ownership of all cotenants that paid the entire price for the
 7      remaining interest. The court shall issue promptly an order
 8      reallocating all of the cotenants' interests, disburse the
 9      amounts held by it to the persons entitled to them and
10      promptly refund any excess payment held by the court.
11      (g)   Request to authorize sale.--Not later than 45 days after
12   the court sends notice to the parties under subsection (a), a
13   cotenant entitled to buy an interest under this section may
14   request the court to authorize the sale as part of the pending
15   action of the interests of cotenants named as defendants and
16   served with the complaint but that did not appear in the action.
17      (h)   Denial of request or authorization of sale.--If the
18   court receives a timely request under subsection (g), the court,
19   after hearing, may deny the request or authorize the requested
20   additional sale on such terms as the court determines to be fair
21   and reasonable, subject to the following limitations:
22            (1)   A sale authorized under this subsection may occur
23      only after the purchase prices for all interests subject to
24      sale under subsections (a), (b), (c), (d), (e) and (f) have
25      been paid into court and those interests have been
26      reallocated among the cotenants as provided in those
27      subsections.
28            (2)   The purchase price for the interest of a
29      nonappearing cotenant is based on the court's determination
30      of value under section 21A28.

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 1   § 21A28.    Partition alternatives.
 2      (a)     Partition in kind.--If all the interests of all
 3   cotenants that requested partition by sale are not purchased by
 4   other cotenants under section 21A27 (relating to cotenant
 5   buyout) or if, after conclusion of the buyout under section
 6   21A27, a cotenant remains that has requested partition in kind,
 7   the court shall order partition in kind unless the court, after
 8   consideration of the factors listed in section 21A29 (relating
 9   to considerations for partition in kind), finds that partition
10   in kind will result in great prejudice to the cotenants as a
11   group. In considering whether to order partition in kind, the
12   court shall approve a request by two or more parties to have
13   their individual interests aggregated.
14      (b)     Partition by sale or dismissal of action.--If the court
15   does not order partition in kind under subsection (a), the court
16   shall order partition by sale under section 21A30 (relating to
17   open-market sale, sealed bids or auction) or, if no cotenant
18   requested partition by sale, the court shall dismiss the action.
19      (c)     Payments.--If the court orders partition in kind under
20   subsection (a), the court may require that one or more cotenants
21   pay one or more other cotenants amounts so that the payments,
22   taken together with the value of the in-kind distributions to
23   the cotenants, will make the partition in kind just and
24   proportionate in value to the fractional interests held.
25      (d)     Allocation of interests among unknown, unlocatable or
26   defaulting cotenants.--If the court orders partition in kind,
27   the court shall allocate to the cotenants that are unknown,
28   unlocatable or the subject of a default judgment, if their
29   interests were not bought out under section 21A27, a part of the
30   property representing the combined interests of these cotenants

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 1   as determined by the court and this part of the property shall
 2   remain undivided.
 3   § 21A29.    Considerations for partition in kind.
 4      (a)     Prejudice determination.--In determining under section
 5   21A28(a) (relating to partition alternatives) whether partition
 6   in kind would result in great prejudice to the cotenants as a
 7   group, the court shall consider the following:
 8            (1)   whether the heirs property practicably can be
 9      divided among the cotenants;
10            (2)   whether partition in kind would apportion the
11      property in such a way that the aggregate fair market value
12      of the parcels resulting from the division would be
13      materially less than the value of the property if it were
14      sold as a whole, taking into account the condition under
15      which a court-ordered sale likely would occur;
16            (3)   evidence of the collective duration of ownership or
17      possession of the property by a cotenant and one or more
18      predecessors in title or predecessors in possession to the
19      cotenant who are or were relatives of the cotenant or each
20      other;
21            (4)   a cotenant's sentimental attachment to the property,
22      including any attachment arising because the property has
23      ancestral or other unique or special value to the cotenant;
24            (5)   the lawful use being made of the property by a
25      cotenant and the degree to which the cotenant would be harmed
26      if the cotenant could not continue the same use of the
27      property;
28            (6)   the degree to which the cotenants have contributed
29      their pro rata share of the property taxes, insurance and
30      other expenses associated with maintaining ownership of the

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 1      property or have contributed to the physical improvement,
 2      maintenance or upkeep of the property; and
 3            (7)   any other relevant factor.
 4      (b)     Weighing totality of considerations.--The court may not
 5   consider any one factor in subsection (a) to be dispositive
 6   without weighing the totality of all relevant factors and
 7   circumstances.
 8   § 21A30.    Open-market sale, sealed bids or auction.
 9      (a)     Sale requirements.--If the court orders a sale of heirs
10   property, the sale must be an open-market sale unless the court
11   finds that a sale by sealed bids or an auction would be more
12   economically advantageous and in the best interest of the
13   cotenants as a group.
14      (b)     Appointment of broker.--If the court orders an open-
15   market sale and the parties, not later than 10 days after the
16   entry of the order, agree on a real estate broker licensed in
17   this Commonwealth to offer the property for sale, the court
18   shall appoint the broker and establish a reasonable commission.
19   If the parties do not agree on a broker, the court shall appoint
20   a disinterested real estate broker licensed in this Commonwealth
21   to offer the property for sale and shall establish a reasonable
22   commission. The broker shall offer the property for sale in a
23   commercially reasonable manner at a price no lower than the
24   determination of value and on the terms and conditions
25   established by the court.
26      (c)     Offer to purchase obtained.--If the broker appointed
27   under subsection (b) obtains within a reasonable time an offer
28   to purchase the property for at least the determination of
29   value:
30            (1)   The broker shall comply with the reporting

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 1      requirements in section 21A31 (relating to report of open-
 2      market sale).
 3            (2)   The sale may be completed in accordance with the
 4      laws of this Commonwealth.
 5      (d)     Options to court when no offer obtained.--If the broker
 6   appointed under subsection (b) does not obtain within a
 7   reasonable time an offer to purchase the property for at least
 8   the determination of value, the court, after hearing, may:
 9            (1)   approve the highest outstanding offer, if any;
10            (2)   redetermine the value of the property and order that
11      the property continue to be offered for an additional time;
12      or
13            (3)   order that the property be sold by sealed bids or at
14      an auction.
15      (e)     Sale by sealed bid or auction.--If the court orders a
16   sale by sealed bids or an auction, the court shall set terms and
17   conditions of the sale. If the court orders an auction, the
18   auction must be conducted under 68 Pa.C.S. § 2306(c) (relating
19   to effect of certification of vacancy and abandonment).
20      (f)     Purchaser credit authorized.--If a purchaser is entitled
21   to a share of the proceeds of the sale, the purchaser is
22   entitled to a credit against the price in an amount equal to the
23   purchaser's share of the proceeds.
24   § 21A31.    Report of open-market sale.
25      (a)     Duty of broker.--Unless required to do so within a
26   shorter time, a broker appointed under section 21A30(b)
27   (relating to open-market sale, sealed bids or auction) to offer
28   heirs property for open-market sale shall file a report with the
29   court not later than seven days after receiving an offer to
30   purchase the property for at least the value determined under

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 1   section 21A26 (relating to determination of value) or 21A30.
 2      (b)     Content of report.--The report required by subsection
 3   (a) shall contain the following information:
 4            (1)   A description of the property to be sold to each
 5      buyer.
 6            (2)   The name of each buyer.
 7            (3)   The proposed purchase price.
 8            (4)   The terms and conditions of the proposed sale,
 9      including the terms of any owner financing.
10            (5)   The amount to be paid to lienholders.
11            (6)   A statement of contractual or other arrangements or
12      conditions of the broker's commission.
13            (7)   Other material facts relevant to the sale.
14   § 21A32.    Uniformity of application and construction.
15      In applying and construing this uniform act, consideration
16   shall be given to the need to promote uniformity of the law with
17   respect to its subject matter among states that enact it.
18   § 21A33.    Relation to Electronic Signature in Global and
19                  National Commerce Act.
20      (a)     General rule.--Except as provided for in subsection (b),
21   this chapter modifies, limits or supersedes the Electronic
22   Signatures in Global and National Commerce Act (Public Law 106-
23   229, 15 U.S.C. § 7001 et seq.).
24      (b)     Exceptions.--
25            (1)   This chapter does not modify, limit or supersede
26      section 101(c) of the Electronic Signatures in Global and
27      National Commerce Act (15 U.S.C. § 7001(c)).
28            (2)   This chapter does not authorize electronic delivery
29      of any of the notices described in section 103(b) of the
30      Electronic Signatures in Global and National Commerce Act (15

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1     U.S.C. § 7003(b)).
2     Section 2.    This act shall take effect in 60 days.




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