Bill Details
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View cosponsors (10)
- Rep. Fletcher, Lizzie [D-Texas-7]
- Rep. Cleaver, Emanuel [D-Missouri-5]
- Rep. Donalds, Byron [R-Florida-19]
- Rep. Bishop, Sanford D. [D-Georgia-2]
- Rep. Mfume, Kweisi [D-Maryland-7]
- Rep. Norton, Eleanor Holmes [D-District of Columbia]
- Rep. Tlaib, Rashida [D-Michigan-12]
- Rep. Figures, Shomari [D-Alabama-2]
- Rep. McClellan, Jennifer L. [D-Virginia-4]
- Rep. Garcia, Sylvia R. [D-Texas-29]
AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would create two new grant programs at the Department of Housing and Urban Development to help families deal with “heirs’ property,” which is home or land that has passed to several family members without a clear will or title. The goal is to make it easier to prove ownership, clear up title problems, and keep families from losing property. One program would give money to states, local governments, territories, and Tribal governments that adopt a model law called the Uniform Partition of Heirs Property Act. Those funds could help residents pay for things like title searches, land surveys, public records, estate planning, heir searches, recording fees, notary fees, and legal help. The second program would give yearly grants to groups that provide housing counseling, legal services, and financial help for title clearing and home retention. The bill also requires HUD-funded housing counselors to explain what heirs’ property is, warn people about the risks, and point them toward available help.
- HUD would have to set up the first grant program within one year for eligible states, local governments, territories, and Tribal governments that adopt the model heirs’ property law or a similar law.
- These grant funds could be used to help residents document ownership, settle estates, and pay related costs such as surveys, records, title reports, legal fees, and filing fees.
- The bill authorizes $30 million a year from fiscal years 2026 through 2036 for the state and local grant program, and $10 million a year from fiscal years 2026 through 2030 for direct assistance to heirs’ property owners.
- When HUD gives out the second type of grants, it must look at whether the group already helps homeowners, serves minority and lower-income communities, works with partners, or operates in places with many heirs’ property owners.
The bill also says nonprofit housing counselors must tell consumers what heirs’ property is, the problems it can cause, and what estate planning and title-clearing help is available. They must also know where to refer people for more help, including nonprofit legal clinics and mission-driven organizations.
Official Summaries
Heirs Estate Inheritance Resolution and Succession Act of 2025 or the HEIRS Act of 2025
This bill requires the Department of Housing and Urban Development (HUD) to provide grants to assist individuals with the legal processes associated with inheriting certain real property.
Under the first program, HUD must provide grants to states that have enacted the Uniform Partition of Heirs Property Act (UPHPA) (or similar state law). The UPHPA provides due process protections against forced property sales for individuals who inherit real property from a landowner without a will. Historically, state property laws have provided that recipients of such property become tenants-in-common, which permits a single tenant to exercise their right to partition and sell the property.
A state or local government must use grant funds to assist residents with expenses related to establishing and documenting property ownership rights or settling a decedent's estate, including costs related to
- obtaining title reports, title abstracts, copies of public records, and land surveys;
- estate planning;
- heirs searches or tracing services; and
- recording and filing fees, notary fees, and legal fees and expenses.
Under the second program, HUD must provide grants to housing counseling agencies, legal services clinics at institutions of higher education, and qualified nonprofits. Such organizations must use grant funds to provide housing counseling, legal assistance, and financial assistance related to title clearing and home retention efforts for individuals who inherit property as tenants-in-common.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1640 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1640
To establish a grant program for States that adopt the Uniform
Partition of Heirs Property Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2025
Ms. Williams of Georgia (for herself, Mrs. Fletcher, Mr. Cleaver, Mr.
Donalds, Mr. Bishop, Mr. Mfume, Ms. Norton, and Ms. Tlaib) introduced
the following bill; which was referred to the Committee on Financial
Services
_______________________________________________________________________
A BILL
To establish a grant program for States that adopt the Uniform
Partition of Heirs Property Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heirs Estate Inheritance Resolution
and Succession Act of 2025'' or the ``HEIRS Act of 2025''.
SEC. 2. GRANTS FOR ELIGIBLE ENTITIES THAT ADOPT THE UNIFORM PARTITION
OF HEIRS PROPERTY ACT.
(a) In General.--The Secretary of Housing and Urban Development
shall, not later than 1 year after the date of the enactment of this
section, establish a grant program that provides amounts to eligible
entities that--
(1) before the date of the enactment of this section, had
enacted or adopted the Uniform Partition of Heirs Property Act
as approved and recommended for enactment in all the States by
the National Conference of Commissioners on Uniform State Laws
in 2010 or a similar law that the Secretary determines is a
substantial equivalent; and
(2) on or after the date of the enactment of this section,
enact or adopt the Uniform Partition of Heirs Property Act as
approved and recommended for enactment in all the States by the
National Conference of Commissioners on Uniform State Laws in
2010 or a similar law that the Secretary determines is a
substantial equivalent.
(b) Use of Amounts.--
(1) In general.--Each eligible entity that receives amounts
under this section shall use such amounts to assist residents
of such eligible entity with bona fide expenses relating to
establishing and documenting property ownership rights or
settling a decedent's estate, including fees and costs related
to obtaining title reports and title abstracts, copies of
public records, land surveys, estate planning, heirs search or
tracing services, recording and filing fees, notary fees, and
legal fees and expenses.
(2) Layering of assistance.--An eligible entity that
receives amounts under this section may use such amounts to
assist residents of such State who are receiving assistance
from other sources, including Federal, State, local, private,
public, and nonprofit sources.
(c) Regulations and Criteria for Selection.--The Secretary shall,
not later than 1 year after the date of the enactment of this section,
issue a rule to carry out this section, that includes criteria for the
selection of recipients.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Housing and Urban Development $30,000,000 each
of year fiscal years 2026 through 2036 to carry out this
section.
(2) Availability.--Any amounts appropriated under this
subsection shall remain available until expended.
(e) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(2) Eligible entity.--The term ``eligible entity'' means a
``State'' and a ``unit of general local government'' as such
terms are defined in section 102 of title 1 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302) a territory,
or a Tribal government.
SEC. 3. GRANTS TO PROVIDE ASSISTANCE RELATING TO HEIRS' PROPERTY
RESOLUTION.
(a) In General.--The Secretary of Housing and Urban Development
shall carry out a program under this section to provide grants each
year to eligible entities to use to provide housing counseling, legal
assistance, and financial assistance related to title clearing and home
retention efforts for owners of heirs' property.
(b) Awards.--The Secretary shall consider the following when
awarding grants under this section:
(1) Whether the eligible entity has a proven track record
of--
(A) providing assistance to homeowners;
(B) targeting services to minority and low- and
moderate-income persons; and
(C) providing services in neighborhoods that have a
high concentrations of minority persons or low- and
moderate-income persons.
(2) Whether the eligible entity has planned or existing
partnerships with other eligible entities.
(3) Whether the eligible entity is located in an area with
a high number of owners of heirs' property, as determined by
the Secretary.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary, for grants under this section,
$10,000,000 in each of fiscal years 2026 through 2030.
(d) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a HUD approved housing counseling agency;
(B) a legal services clinics operated by an
institute of higher education; or
(C) a qualifiying nonprofit.
(2) Heirs' property.--The term ``heirs' property'' means
residential property for which title passed by operation of law
through intestacy and is held by two or more heirs as tenants
in common.
(3) Hud approved housing counseling agency.--The term ``HUD
approved housing counseling agency'' means a housing counseling
agency found eligible to receive assistance by the Department
of Housing and Urban Development under section 106(a)(2) of the
Housing and Urban Development Act of 1968.
(4) Low- and moderate-income persons.--
(A) In general.--The term ``low- and moderate-
income persons'' means a person whose household income
does not exceed 120 percent of the median income for
the area, as determined by the Secretary, within
which--
(i) the heirs' property which respect to
which the homeowner is seeking assistance is
located; or
(ii) the place of residence of the
homeowner is located.
(B) Exception.--If the area described in
subparagraph (A) is a high-cost area, as determined by
the Secretary, the term ``low- and moderate-income
persons'' means a homeowner whose household income does
not exceed 140 percent of the median income for the
area.
(5) Qualifying nonprofit.--The term ``qualifying
nonprofit'' means a nonprofit, mission-driven entity that, as
determined by the Secretary--
(A) has a track record of providing assistance to
homeowners;
(B) targets services to minority and low- and
moderate-income persons; or
(C) provides services in neighborhoods that have
high concentrations of minority persons and low- and
moderate-income persons.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 4. HEIRS' PROPERTY HOUSING COUNSELING.
Section 106(g) of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701x(g)) is amended by adding at the end the following new
paragraph:
``(6) Counseling with respect to heirs' property.--
``(A) In general.--Any nonprofit organization that
receives amounts under this section shall, when
providing homeownership counseling services to
consumers--
``(i) explain to such consumer what heirs'
property is, the risks associated with heirs'
property, and how to avoid heirs' property
issues; and
``(ii) inform consumers of all available
estate planning and title clearing options,
assistance, and services, including those
offered under sections 2 and 3 of the Heirs
Estate Inheritance Resolution and Succession
Act of 2025.
``(B) Referral.--The Secretary shall ensure that
each nonprofit organization that receives amounts under
this section knows how to refer consumers, where
appropriate, to mission-driven nonprofit organizations
and legal services clinics operated by institutes of
higher education that are capable of assisting a
consumer to clear title and with general estate
planning.
``(C) Heirs' property.--The term `heirs' property'
means residential property for which title passed by
operation of law through intestacy and is held by two
or more heirs as tenants in common.''.
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