Judiciary Committee

JOINT FAVORABLE REPORT

Bill No.:

SB-900

Title:

AN ACT CONCERNING THE ADOPTION OF THE UNIFORM PARTITION OF HEIRS' PROPERTY ACT.

Vote Date:

4/6/2015

Vote Action:

Joint Favorable Substitute

PH Date:

2/25/2015

File No.:

SPONSORS OF BILL:

Judiciary Committee

REASONS FOR BILL:

To adopt the Uniform Partition of Heirs' Property Act.

SUBSTITUTE LANGUAGE:

The substitute language made three technical corrections to the bill: 1. Specified the “supplement” chapter rather than the “chapter”. 2. & 3. “Petitioned” the “Probate Court” rather the “apply” to the “court of probate”.

RESPONSE FROM ADMINISTRATION/AGENCY:

State of Connecticut Office of the Probate Court Administrator, Paul J. Knierim, Probate Court Administrator: Knierim submitted testimony in support of S.B. 900, the bill establishes clear procedures and criteria of inherited real property in accordance with existing Connecticut statutes. The office of the Probate Court Administrator had previously been afforded the ability to comment on the language drafted to facilitate implementation in the Probate Courts under H.B. 5218.

NATURE AND SOURCES OF SUPPORT:

Connecticut Bar Association, Barry C. Hawkins, Real Property Section: Hawkins submitted testimony in support of S.B. 900 in addressing problems associated with low and middle income families to resolve fractured ownership of real property with extended family. This bill addresses the unscrupulous actions of fractional owners of property, commonly owned by a number of family members who acquired rights to the land as heirs, to force a sale of the land to their advantage. Hawkins notes that for many people a family plot “is a significant part of their individual net worth” and that this bill provides “a measured and reasonable path towards reforming the existing state partition law ... [for] the good and welfare of the citizens of Connecticut.” The Probate Courts will retain jurisdiction to adjudicate partition procedures of a decedent's estate.

NATURE AND SOURCES OF OPPOSITION:

None expressed

Reported by: Chris Keefe

Date: 4/20/2015