H.R. 1640

HEIRS Act of 2025

Sponsor: Nikema Williams · 10 cosponsors

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Official summary

Written by the Congressional Research Service.

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.

Text of the bill

Expand all
Sec. 2. Grants for eligible entities that adopt the uniform partition of heirs property act Changed · Sep 1

Where this section came from

  1. Feb 26, 2025 · Introduced in House Referred to House Committee on Financial Services, Feb 26
  2. Sep 1, 2026 · Reported in House Marked up by House Committee on Financial Services, Jun 30 Reported by House Committee on Financial Services, Sep 1 Committee members' individual votes aren't in our records.
What changed in the text

(a) In general. The Secretary of Housing and Urban Development shall, may 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 or

… 1 unchanged passage …

(b) Use of amounts. (1) In general. Each eligible entity that receives amounts under this section shall use such amounts to assist residents residing in the jurisdiction 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 establishing date any of grant the program enactment under of this section, issue a rule to carry out this section , that includes criteria for the selecting selection eligible of entities recipients to receive amounts under this section . (d) Authorization Rule of appropriations construction . (1) Nothing In in general. this There section are may authorized be construed to be prohibit appropriated an to eligible the entity Secretary that of receives Housing amounts and under Urban this Development section $30,000,000 from each using of such year amounts fiscal to years assist 2026 residents through residing 2036 in to the carry jurisdiction out of this such section. eligible (2) entity Availability. who Any are amounts receiving appropriated assistance under from this other subsection sources, shall including remain Federal, available State, until local, expended private, public, and nonprofit sources .

… 2 unchanged passages …

(2) Eligible entity. The term eligible entity means — (A) a State , as such term is defined in section 102 of the Housing and Community Development Act of 1974; (B) a unit of general local government , as such terms term are is defined in section 102 of title 1 of the Housing and Community Development Act of 1974 ; ( 42 U.S. C . 5302 ) a territory , ; or and (D) a Tribal government. (f) Sunset. Any program established under this section shall terminate on the date that is 7 years after the date of enactment of this section.

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A markup is a committee meeting where members go through a bill and vote on changes before sending it to the full chamber.

(a) In general. The Secretary of Housing and Urban Development may 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; or

(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. Each eligible entity that receives amounts under this section shall use such amounts to assist residents residing in the jurisdiction 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.

(c) Regulations and criteria for selection. The Secretary shall, not later than 1 year after establishing any grant program under this section, issue a rule to carry out this section that includes criteria for selecting eligible entities to receive amounts under this section.

(d) Rule of construction. Nothing in this section may be construed to prohibit an eligible entity that receives amounts under this section from using such amounts to assist residents residing in the jurisdiction of such eligible entity who are receiving assistance from other sources, including Federal, State, local, private, public, and nonprofit sources.

(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) a State, as such term is defined in section 102 of the Housing and Community Development Act of 1974;

(B) a unit of general local government, as such term is defined in section 102 of the Housing and Community Development Act of 1974;

(C) a territory; and

(D) a Tribal government.

(f) Sunset. Any program established under this section shall terminate on the date that is 7 years after the date of enactment of this section.