The Broad Scope of the Heirs Property Act

A recent First Department case explores the breadth of the Uniform Heirs Property Act (RPAPL 993) which significantly modifies the partition process for property determined to be “heirs property.”

4 minute read July 31, 2026 at 11:11 PM

Stewart E. Sterk

The Broad Scope of the Heirs Property Act

When parties own property as joint tenants or tenants-in-common, partition actions are usually straightforward: if a court determines that the property cannot practically be physically divided, the court orders that the property be sold at public auction, with the proceeds to be divided according to their respective interests.

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