senate Bill S4865A

Signed By Governor
2019-2020 Legislative Session

Establishes the uniform partition of heirs property act

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 06, 2019 signed chap.596
Nov 26, 2019 delivered to governor
Jun 20, 2019 returned to senate
passed assembly
ordered to third reading rules cal.599
substituted for a7058a
Jun 19, 2019 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1691
committee discharged and committed to rules
Jun 04, 2019 print number 4865a
Jun 04, 2019 amend and recommit to judiciary
Mar 28, 2019 referred to judiciary

Co-Sponsors

S4865 - Details

See Assembly Version of this Bill:
A7058
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §993, RPAP L

S4865 - Summary

Establishes the uniform partition of heirs property act which supplements the general partition statute and governs actions to partition heirs property.

S4865 - Sponsor Memo

S4865 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4865

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 28, 2019
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation to establishing the uniform partition of heirs property act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property actions and proceedings law is amended by
adding a new section 993 to read as follows:
  § 993. UNIFORM PARTITION OF HEIRS PROPERTY ACT. 1. SHORT TITLE.   THIS
SECTION SHALL BE KNOWN AS THE "UNIFORM PARTITION OF HEIRS PROPERTY ACT".
  2.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ASCENDANT" MEANS AN INDIVIDUAL WHO PRECEDES ANOTHER INDIVIDUAL IN
LINEAGE, IN THE DIRECT LINE OF ASCENT FROM SUCH OTHER INDIVIDUAL.
  (B) "COLLATERAL" MEANS AN INDIVIDUAL WHO IS RELATED TO  ANOTHER  INDI-
VIDUAL  UNDER  THE  LAW OF INTESTATE SUCCESSION OF THIS STATE BUT WHO IS
NOT SUCH OTHER INDIVIDUAL'S ASCENDANT OR DESCENDANT.
  (C) "DESCENDANT" MEANS AN INDIVIDUAL WHO FOLLOWS ANOTHER INDIVIDUAL IN
LINEAGE, IN THE DIRECT LINE OF DESCENT FROM SUCH OTHER SUCH INDIVIDUAL.
  (D) "DETERMINATION OF VALUE" MEANS A COURT ORDER DETERMINING THE  FAIR
MARKET  VALUE  OF  HEIRS  PROPERTY  UNDER SUBDIVISION SIX OR TEN OF THIS
SECTION OR ADOPTING THE VALUATION OF  THE  PROPERTY  AGREED  TO  BY  ALL
CO-TENANTS.
  (E)  "HEIRS  PROPERTY"  MEANS  REAL PROPERTY HELD IN TENANCY IN COMMON
WHICH SATISFIES ALL OF THE FOLLOWING REQUIREMENTS AS OF THE FILING OF  A
PARTITION ACTION:
  (I)  THERE  IS  NO AGREEMENT IN A RECORD BINDING ALL OF THE CO-TENANTS
WHICH GOVERNS THE PARTITION OF THE PROPERTY;
  (II) ONE OR MORE OF THE CO-TENANTS ACQUIRED  TITLE  FROM  A  RELATIVE,
WHETHER LIVING OR DECEASED; AND
  (III) ANY OF THE FOLLOWING APPLIES:
  (A) TWENTY PERCENT OR MORE OF THE INTERESTS ARE HELD BY CO-TENANTS WHO
ARE RELATIVES;

Co-Sponsors

S4865A (ACTIVE) - Details

See Assembly Version of this Bill:
A7058
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §993, RPAP L

S4865A (ACTIVE) - Summary

Establishes the uniform partition of heirs property act which supplements the general partition statute and governs actions to partition heirs property.

S4865A (ACTIVE) - Sponsor Memo

S4865A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4865--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 28, 2019
                               ___________

Introduced  by  Sens.  HOYLMAN,  MONTGOMERY,  THOMAS  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation to establishing the uniform partition of heirs property act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property actions and proceedings law is amended by
adding a new section 993 to read as follows:
  § 993. UNIFORM PARTITION OF HEIRS PROPERTY ACT. 1. SHORT TITLE.   THIS
SECTION SHALL BE KNOWN AS THE "UNIFORM PARTITION OF HEIRS PROPERTY ACT".
  2.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ASCENDANT" MEANS AN INDIVIDUAL WHO PRECEDES ANOTHER INDIVIDUAL IN
LINEAGE, IN THE DIRECT LINE OF ASCENT FROM SUCH OTHER INDIVIDUAL.
  (B) "COLLATERAL" MEANS AN INDIVIDUAL WHO IS RELATED TO  ANOTHER  INDI-
VIDUAL  UNDER  THE  LAW OF INTESTATE SUCCESSION OF THIS STATE BUT WHO IS
NOT SUCH OTHER INDIVIDUAL'S ASCENDANT OR DESCENDANT.
  (C) "DESCENDANT" MEANS AN INDIVIDUAL WHO FOLLOWS ANOTHER INDIVIDUAL IN
LINEAGE, IN THE DIRECT LINE OF DESCENT FROM SUCH OTHER SUCH INDIVIDUAL.
  (D) "DETERMINATION OF VALUE" MEANS A COURT ORDER DETERMINING THE  FAIR
MARKET  VALUE  OF  HEIRS  PROPERTY  UNDER SUBDIVISION SIX OR TEN OF THIS
SECTION OR ADOPTING THE VALUATION OF  THE  PROPERTY  AGREED  TO  BY  ALL
CO-TENANTS.
  (E)  "HEIRS  PROPERTY"  MEANS  REAL PROPERTY HELD IN TENANCY IN COMMON
WHICH SATISFIES ALL OF THE FOLLOWING REQUIREMENTS AS OF THE FILING OF  A
PARTITION ACTION:
  (I)  THERE  IS  NO AGREEMENT IN A RECORD BINDING ALL OF THE CO-TENANTS
WHICH GOVERNS THE PARTITION OF THE PROPERTY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10955-02-9

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