Florida’s Uniform Partition of Heirs Property Act (UPHPA)
One-Pager Summary
🏡 What Is “Heirs Property”?
Heirs property is real estate that:
- Is jointly owned by relatives,
- Has at least one owner who inherited their interest, and
- Lacks a formal agreement on use or disposition.
⚖️ What Does the UPHPA Do?
Florida Statutes §§ 64.202–64.213 protect families from forced sales of inherited real estate. It adds safeguards to preserve family ownership.
🔒 Key Protections:
- Independent Appraisal: Court-ordered valuation of property.
- Notice to All Co-Owners: All parties receive formal notice.
- Right of First Refusal: Co-owners may buy out the selling heir.
- Partition in Kind First: Court considers physical division before sale.
- Open-Market Sale Required: Property must be listed and sold by broker.
🚫 Why It Matters:
Previously, outside buyers could force family property sales through auctions. The UPHPA prevents such exploitative tactics.
🧾 Florida Statute Reference:
Florida Statutes §§ 64.202–64.213, Adopted 2020
Checklist: Handling Heirs Property Partition
- ✅ Identify heirs property - Confirm UPHPA applies
- ✅ File partition complaint under Ch. 64
- ✅ Notify all co-owners - Ensure legal notice
- ✅ Obtain independent appraisal - Court appointed
- ✅ Distribute appraisal to co-owners
- ✅ Offer right of first refusal
- ✅ Evaluate partition in kind - Physical division?
- ✅ If not, order open-market sale
- ✅ Conduct accounting if needed
- ✅ Distribute proceeds fairly
