An Estate Planner's Guide to the Uniform Partition of Heirs' Property Act

Abstract

The Uniform Partition of Heirs' Property Act is designed to protect family members who receive land via intestacy or a will and own that property as tenants in common with other family members. The goals of the Act are laudable. However, a prudent estate planner must be aware that the UPHPA may apply in situations where at first glance it would appear that no compliance with the statute would be necessary. For example, if just two of ten cotenants are related, compliance with the UPHPA may be required. In addition, the UPHPA is highly complex containing many technical steps with rigid time requirements. Accordingly, practitioners must tread carefully when representing a plaintiff in a partition action. Likewise, judges must be vigilant as they maneuver the UPHPA to assure they are in compliance. This article provides an overview of the workings of the UPHPA.