Rabb unveils bipartisan bill preventing forced sale of inherited property

Legislation to help Pennsylvanians hold onto financial wealth when a property owner in their family dies intestate

Rep. Christopher M. Rabb May 27, 2025 | 12:32 PM

HARRISBURG, May 27 – As Pennsylvanians who die without a will currently have their assets divided by a judge, state Reps. Chris Rabb and Tim Bonner introduced bipartisan legislation to safeguard the financial future of Pennsylvania families who inherit residential properties.

“It is extremely painful to watch families have their inheritance ripped away because of our outdated laws,” said Rabb, D-Phila. “Whether it’s a rowhome in Philly or a family farm in rural Pennsylvania, this legislation is all about ensuring family assets passed down through generations are not lost because of courtroom paperwork. This is an opportunity to support family stability and protect generational wealth for everyday Pennsylvanians.”

“This legislation will give guidance to the courts in resolving partition actions between multiple owners of real estate,” said Bonner, R-Mercer/Butler. “It will expedite property ownership disputes, save time and expense to co-owners of property and allow for prompt use and development of property for the betterment of our communities.”

Key components of the Uniform Partition of Heirs Property Act (UPHPA) legislation include:

Providing heirs who want to keep the property the first chance to buy out any other heir who wants to sell.

Strengthening Pennsylvania's current partition law, making clear that physically dividing the property, when possible, is a preferred solution.

Requiring courts to consider factors like how long a family has owned the property and the impact a forced sale would have on co-owners—including the potential loss of housing.

Replacing the auction sale process with an open-market sales procedure designed to get a better price for property.

The measure would only apply to inherited residential property — and only when there's no written agreement regarding how it should be divided among the heirs.

Since 2011, 23 states and Washington D.C. have passed the UPHPA—an estimated two-thirds of the nation’s population live in a state that has adopted the UPHPA. And just last week, the New Jersey Legislature unanimously passed this same legislation.

A version of the UPHPA bill passed out of the Pennsylvania House of Representatives in 2024, but was not taken up by the Senate. In close collaboration with Rep. Rabb, state Sen. Camera Bartolotta, R-Washington/Greene/Beaver, will soon introduce a companion bill in the Senate.

"This legislation would greatly benefit my largely rural district," said Bartolotta. "Especially families who may be inheriting sprawling farmland. Navigating life after the loss of a loved one is difficult enough—this bill would help ease both mental and financial stress. It would also deter opportunistic buyers who exploit the confusion that can follow the death of a landowner without a will."

House Bill 1498 has been referred to the House Housing and Community Development Committee where it is scheduled to come up for a vote on June 4.