HEIRS Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1640 Introduced in House (IH)]

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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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