Uniform Partition of Heirs Property Act Signed

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Uniform Partition of Heirs Property Act Signed

C.A.R.-sponsored AB 633 (Calderon), which enacts the Uniform Partition of Heirs Property Act in California, helps protect those persons who inherit property where there are multiple heirs, but no will or trust, was signed into law by Gov. Newsom last Friday. The law also provides mechanisms which favor market sales with real estate licensees, rather than a traditional probate court sale to ensure the best possible price for a property, should a sale of the property be necessary. The bill received strong bipartisan support in the legislature and did not receive any “No” votes.

Here is additional background on the Uniform Law developed by Professor Thomas Wilson Mitchell, who developed the model law and won a MacArthur Foundation Grant for his work. 

Also, as with respect to our sponsored bills, while New York laws are different, the type of situation outlined in this article is in part why C.A.R. is sponsoring AB 491 (Ward/Gonzalez). An interesting issue raised by the lawsuit is a disparate impact claim with such differential treatment.