§ 18-60-1010. Open-market sale, sealed bids, or auction
(a) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (b) If the court orders an open-market sale and […]
§ 18-60-1011. Report of open-market sale
(a) Unless required to do so within a shorter time by § 18-60-401 et seq., a broker appointed under § 18-60-1010(b) to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under […]
§ 18-60-1012. Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 18-60-1013. Relation to Electronic Signatures in Global and National Commerce Act
This subchapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. […]
§ 18-60-1014. Effective date
This subchapter takes effect January 1, 2016.
§ 18-60-1001. Short title
This subchapter may be cited as the “Uniform Partition of Heirs Property Act”.
§ 18-60-1002. Definitions
In this subchapter: (1) (A) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (B) “Ascendant” includes an adoptive parent and his or her ascendants. (2) “Collateral” means an individual who is related to another individual under § 28-9-214 but who is not the […]
§ 18-60-1003. Applicability — Relation to other law
(a) This subchapter applies to partition actions filed on or after January 1, 2016. (b) In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this subchapter […]
§ 18-60-1004. Service — Notice by posting
(a) This subchapter does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the […]
§ 18-60-1005. Commissioners
If the court appoints commissioners pursuant to § 18-60-401 et seq., each commissioner, in addition to the requirements and disqualifications applicable to commissioners in § 18-60-401 et seq., must be disinterested and impartial and not a party to or a participant in the action.