Understanding Washington’s Uniform Partition of Heirs Property Act (UPHPA)

In 2023, Washington State adopted the Uniform Partition of Heirs Property Act (UPHPA), codified in Chapter 7.54 RCW, to address long-standing issues surrounding inherited property held by multiple family members.

This law aims to protect property co-owned by family members from a forced sale if one, but not all, of the family members wants to sell.

What Is Heirs Property?

“Heirs property” refers to real estate inherited by multiple family members—often without a will—who become co-owners of the property. This form of ownership can lead to legal and financial vulnerabilities, especially when one owner wants to sell but the rest do not.

Why the UPHPA Matters

Before the UPHPA, a single co-owner who wanted to sell could force a sale of the entire property through a court-ordered “partition by sale”, if the property could not be physically divided. This would often result in below-market sales. The UPHPA introduces procedures to try to preserve the property, or its fair market value.

When the UPHPA Applies

Here are the major features of Washington’s UPHPA:

• Applies Only to Heirs Property: The law applies when:
  • At least one co-owner acquired their interest from a relative;
  • No written agreement governs partition among the owners; and
  • 20% or more of the property is owned by people who are relatives, 20% or more of the property is owned by a person who acquired title from a relative, or 20% or more of the co-owners are relatives.
• Cases Filed After July 23, 2023: the UPHPA only applies to partition lawsuits filed on or after July 23, 2023.

Key Protections in the UPHPA

The following are some of the key procedures in the UPHPA that protect property from being sold.

• Notice and Appraisal:
  • First, the court orders an independent appraisal of the property’s fair market value.
  • All co-owners receive notice of the appraisal and their rights under the law.
• Right of First Refusal:
  • Co-owners who did not request a sale have the first opportunity to buy out the interest of the co-owner who wants to sell.
  • This helps keep the property within the family.
• Partition by Dividing Property Preferred:
  • If a buyout doesn’t occur, the court must consider whether the property can be equitably divided (partition in kind).
  • Partition in kind is favored unless it causes great prejudice to the co-owners.
• Sale as a Last Resort:
  • If no co-owners buy out the co-owner that wants to sell, and partition in kind is not feasible, the court may order a sale.
  • However, the sale must be conducted in a commercially reasonable manner—typically through an open-market sale rather than a public auction.

 Who Benefits?

This law is especially important for:

• Families with inherited land and no formal estate planning or agreement regarding that property.
• Rural property owners where land may have sentimental or agricultural value beyond market price.

When it applies, Washington’s adoption of the UPHPA is a step toward helping preserve family property, wealth, and heritage, by creating a process where co-owners who do not want to sell can buy out the interest of the owner that does want to sell. If such a sale is not possible, the UPHPA then allows for a sale of the property on the open market, like other typical real estate sales, rather than a court-supervised forced sale.

If you co-own property with anyone, including family members, and want to know your rights and potential options for dividing or selling that property, make sure you consult an attorney.