Rhode IslandH72102026 Regular SessionHouse

AN ACT RELATING TO PROPERTY -- UNIFORM PARTITION OF HEIRS' PROPERTY ACT .

Sponsored By: Carol Hagan McEntee (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Buyout rights and fair value

The court sets fair market value, usually with a licensed appraisal. You get notice, 30 days to object, and a hearing at least 30 days after notice. If someone asks for a sale, other owners have up to 45 days to elect to buy those shares at a pro‑rata price based on the whole‑parcel value. Payment is due by a court date at least 60 days after notice, and the court splits purchase rights by each buyer’s ownership share. If you also get sale proceeds, you receive a dollar‑for‑dollar credit against the price at closing.

How court‑ordered sales and brokers work

If a sale is ordered, it is on the open market unless sealed bids or an auction would do better. The parties have 10 days to pick a Rhode Island‑licensed broker; otherwise, the court appoints a neutral broker and sets a reasonable commission. The broker must market at no less than the court’s value. When an offer meets that value, the broker must report within 7 days and list the property, buyer names, price, terms (including owner financing), lien payments, and commission. If no acceptable offer appears, the court can approve the highest offer, re‑set value and continue marketing, or order bids or an auction. The detailed report rule applies beginning January 1, 2027.

Courts favor splitting land, not sale

The court orders a partition in kind (splitting the land) unless that would greatly harm the owners as a group. The court can require payments between owners to keep shares fair. Parts for unknown or missing owners stay undivided. The judge must weigh many facts, including if the land can be split, whether splitting cuts total value, family history and ties, current lawful uses, and who paid taxes and improvements.

Stronger notice and neutral officials

If the plaintiff seeks notice by publication and the court thinks the land may be heirs’ property, the plaintiff must post a clear sign on the property within 10 days. The sign states the case has started and names the court; the court may require names on the sign. Commissioners the court appoints must be neutral and not parties to the case. The law does not allow certain legal notices to be sent electronically because federal limits still apply.

Who is heirs’ property and when

Beginning January 1, 2027, these rules apply to partition cases filed on or after that date. Land is heirs’ property if there is no written partition deal on record, at least one owner got title from a relative, and it meets one of three 20% family tests. If a court finds heirs’ property, the case must follow these rules unless every owner agrees in writing to use other rules. In these cases, this chapter replaces any older, conflicting partition rules. Courts also aim to keep decisions in step with how other states apply this uniform law.

Sponsors & Cosponsors

Sponsor

Carol Hagan McEntee
Democratic • House

Cosponsors

Justine A. Caldwell
Democratic • House
Julie A. Casimiro
Democratic • House
Robert E. Craven, Sr.
Democratic • House
Matthew S. Dawson
Democratic • House
Leonela Felix
Democratic • House
Alex Marszalkowski
Democratic • House
William W. O'Brien
Democratic • House
June Speakman
Democratic • House
Tina L. Spears
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 65 • No: 0

House vote • 5/21/2026

HEIRS' PROPERTY ACT PASSAGE