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Rhode IslandS23942026 Regular SessionSenate

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

Sponsored By: Jacob Bissaillon (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

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

Buyout rights for co-owners

When any co-owner asks the court to sell heirs’ property, other co-owners get 45 days after the court sets value to elect to buy the seller’s shares. The price equals the whole property’s fair market value times each seller’s ownership share. The court sets a payment deadline at least 60 days after notice and may give 20 extra days to finish buying remaining interests. If payments are made, the court shifts title and pays the sellers; if not, the case moves to division or sale. Beginning January 1, 2027, these rights apply to new partition cases with heirs’ property.

Court sets fair market value

In heirs’ property cases, the court sets the fair market value first. It usually orders a sworn appraisal by a disinterested Rhode Island‑licensed appraiser, or adopts an agreed value. After an appraisal is filed, parties get notice within 10 days, have 30 days to object, and a hearing is held no sooner than 30 days after notice. The court may set value without an appraisal if the appraisal’s value is outweighed by cost. This value controls buyout prices and the minimum open‑market sale price.

Open‑market sale and broker rules

If a sale is ordered, the default is an open‑market listing. Parties have 10 days to agree on a Rhode Island‑licensed broker; otherwise the court appoints a disinterested broker and sets a fair commission. The broker must market the property and not sell for less than the court‑set value. Within 7 days of an offer at or above that value, the broker must file a report with the buyer, price, terms, any owner financing, lien payoffs, and commission. If no acceptable offer comes in a reasonable time, the court may approve the best offer, reset value and extend marketing, or use sealed bids or an auction. A buyer who is also due sale proceeds gets a credit for that share at closing.

Which cases use these rules

Beginning January 1, 2027, these rules apply to partition cases filed after that date that involve heirs’ property. The court must first decide if the land is heirs’ property; if so, this chapter governs unless all co‑owners sign and record an opt‑out. When notice by publication is allowed, the plaintiff must post a clear sign on the land within 10 days and keep it up during the case. Any commissioners the court appoints must be impartial and not parties. The law also limits certain electronic delivery of notices and tells courts to apply the law in line with other states’ versions.

Physical split favored over sale

The court must divide the land into pieces (partition in kind) unless that would cause great prejudice to the owners as a group. The court weighs practical and value impacts, family ownership history and ties, current use, and who paid taxes and upkeep. Two or more owners may combine their shares before the split. The court can require equalization payments so each owner ends up with value matching their share. If it orders a split, the court can create separate parcels and titles, and must set aside an undivided portion for unknown or defaulted owners.

Sponsors & Cosponsors

Sponsor

  • Jacob Bissaillon

    Democratic • Senate

Cosponsors

  • Robert Britto

    Democratic • Senate

  • Matthew L. LaMountain

    Democratic • Senate

  • Tiara T. Mack

    Democratic • Senate

  • Mark P. McKenney

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 107 • No: 0

House vote • 6/8/2026

UNIFORM PARTITION HEIRS'PROP ACT PASSAGE IN CONCURRENCE

Yes: 69 • No: 0

Senate vote • 6/3/2026

PROPERTY -- UNIFORM PARTITION OF HEIRS' PROPERTY ACT Passage

Yes: 38 • No: 0

Actions Timeline

  1. Signed by Governor — Chapter 207

    6/19/2026Governor

  2. Transmitted to Governor

    6/16/2026Governor

  3. House passed in concurrence

    6/8/2026House

  4. Placed on the House Consent Calendar (06/08/2026)

    6/5/2026House

  5. Senate read and passed

    6/3/2026Senate

  6. Placed on Senate Calendar (06/03/2026)

    5/27/2026Senate

  7. Committee recommends passage

    5/26/2026

  8. Scheduled for consideration (05/26/2026)

    5/22/2026

  9. Committee recommended measure be held for further study

    3/3/2026

  10. Scheduled for hearing and/or consideration (03/03/2026)

    2/27/2026

  11. Introduced, referred to Senate Judiciary

    1/30/2026Senate

Bill Text

  • S2394 - As Introduced

    1/30/2026

    HTMLPDF

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