§ 993. Uniform partition of heirs property act. 1. Short title. This\nsection shall be known as the "uniform partition of heirs property act".\n 2. Definitions. For purposes of this section, the following terms\nshall have the following meanings:\n (a) "Ascendant" means an individual who precedes another individual in\nlineage, in the direct line of ascent from such other individual.\n (b) "Collateral" means an individual who is related to another\nindividual under the law of intestate succession of this state but who\nis not such other individual's ascendant or descendant.\n (c) "Descendant" means an individual who follows another individual in\nlineage, in the direct line of descent from such other such individual.\n (d) "Determination of value" means a court order determining the fair\nmarket value of heirs property under subdivision six or ten of this\nsection or adopting the valuation of the property agreed to by all\nco-tenants.\n (e) "Heirs property" means real property held in tenancy in common\nwhich satisfies all of the following requirements as of the filing of a\npartition action:\n (i) there is no agreement in a record binding all of the co-tenants\nwhich governs the partition of the property;\n (ii) any of the co-tenants acquired title from a relative, whether\nliving or deceased;\n (iii) the property is used for residential or agricultural purposes;\nand\n (iv) any of the following applies:\n (A) twenty percent or more of the interests are held by co-tenants who\nare relatives;\n (B) twenty percent or more of the interests are held by an individual\nwho acquired title from a relative, whether living or deceased;\n (C) twenty percent or more of the co-tenants are relatives of each\nother; or\n (D) any co-tenant who acquired title from a relative resides in the\nproperty.\n (f) "Partition by sale" means a court-ordered sale of the entire heirs\nproperty, or the portion thereof in which any co-tenant who acquired\ntitle from a relative resides, whether by auction, sealed bids, or\nopen-market sale conducted under subdivision ten of this section.\n (g) "Partition in kind" means partition or division of heirs property\ninto physically distinct and separately titled parcels.\n (h) "Record" means information that is inscribed on a tangible medium\nor that is stored in an electronic or other medium and is retrievable in\nperceivable form.\n (i) "Relative" means an ascendant, descendant, or collateral or an\nindividual otherwise related to another individual by blood, marriage,\nadoption, or law of this state other than under this section.\n 3. Applicability; relation to other law. (a) This section applies to\npartition actions filed on or after the effective date of this section.\n (b) In any action to partition real property, the court shall\ndetermine, after notice and the right to be heard afforded to each\nparty, whether the property is heirs property. If the court determines\nthat the property is heirs property, the property shall be partitioned\nin accordance with this section unless all of the co-tenants otherwise\nagree in a record.\n (c) This section shall supplement the general partition statute of\nthis article and, if an action is governed by this section, shall\nreplace the provisions of such general partition statute that are\ninconsistent with this section.\n 4. Service; notice by posting. (a) This section shall not limit or\naffect the method by which service of a complaint in a partition action\nmay be made.\n (b) If the plaintiff in a partition action seeks an order of notice by\npublication and the court determines that the property may be heirs\nproperty, the plaintiff, not later than ten days after the court's\ndetermination, shall post and maintain while the action is pending a\nconspicuous sign on the property that is the subject of the action. The\nsign shall state that the action has commenced and identify the name and\naddress of the court and the common designation by wh
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