Rabb, Nelson introduce legislation to help families inheriting properties without a will

Rep. Christopher M. Rabb, Rep. Napoleon Nelson    April 25, 2024 | 3:27 PM

HARRISBURG, April 25 – State Reps. Chris Rabb, D-Phila., and Napoleon Nelson, D-Montgomery, have introduced legislation (H.B. 2232) that would establish the Uniform Partition of Heirs Property Act in Pennsylvania.

The legislation would make sure all inheritors are informed when one inheritor wants to sell their share of the property. It would also require a neutral appraiser to determine the property's fair market value. Lastly, it would provide other inheritors the first chance to buy the share of the person who wants to sell.

“The passing of a loved one is heartbreaking and challenging on its own, and when they don’t have an estate plan in place it can lead to some difficult decisions and uncomfortable situations for the person’s heirs,” Rabb said. “This leads to the person’s heirs taking ownership of the property as tenants-in-common — a form of ownership that frequently leads to heirs losing their land through forced partition sale and to families losing immense inherited wealth to real estate speculators.”

This legislation would provide additional due process protections to prevent Pennsylvanians from the forced sale of inherited property, Rabb said.

“This bill is a piece of the puzzle in creating more fair and equitable housing throughout Pennsylvania,” Nelson said.

The legislation is currently in the Pennsylvania House Housing and Community Development Committee, where it awaits committee consideration.