New York’s Uniform Partition of Heirs Property Act (RPAPL § 993) protects family-owned property from forced sale when inherited by multiple heirs. If you inherited property through probate, a will, intestacy, or Surrogate’s Court proceeding, special protections may apply.
What Is Heirs Property in NY?
Heirs property generally refers to real estate held by tenants in common where at least 20% of ownership interests are held by relatives or derived from a relative, and the property is used for residential or agricultural purposes.
When Does RPAPL 993 Apply?
RPAPL 993 applies when:
• Property is inherited from a family member
• There is no binding partition agreement
• Multiple beneficiaries hold fractional interests
• At least 20% ownership is family-based
Mandatory Settlement Conference and Good Faith Negotiations
Before a forced sale can occur, the court must hold a mandatory settlement conference. Both plaintiff and defendant must negotiate in good faith. Failure to do so can result in dismissal of the partition action.
Court-Ordered Appraisal and Buyout Rights
Under RPAPL 993, the court must order an independent appraisal to determine fair market value. Co-tenants then have the right to buy out the interest of the party seeking partition by sale. This prevents predatory equity stripping and protects inherited family homes.
Partition in Kind vs. Open Market Sale
The court must first consider partition in kind. If division is not feasible, the statute requires procedures designed to maximize fair market value, often through an open market sale instead of a courthouse auction.
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If you inherited property in Staten Island, Brooklyn, Queens, Manhattan, the Bronx, or anywhere in New York State, you may have significant protections under RPAPL 993. Early legal advice can prevent loss of generational wealth.
Contact the partition lawyers at Bost Legal Group for a free 30 minute consultation so you can better understand your rights and options.
