Effective - 28 Aug 2019
528.720. Heir's property, procedure. — 1. Except as otherwise provided in subsections 2 and 3 of this section, if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering a certified appraisal under subsection 4 of this section.
2. If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
3. If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
4. If the court orders a certified appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
5. If an appraisal is conducted under subsection 4 of this section, no later than ten days after the appraisal is filed, the court shall send notice to each party with a known address, stating:
(1) The appraised fair market value of the property;
(2) That the appraisal is available at the clerk's office; and
(3) That a party may file with the court an objection to the appraisal no later than thirty days after the notice is sent stating the grounds for the objection.
6. If an appraisal is filed with the court under subsection 4 of this section, the court shall conduct a hearing to determine the fair market value of the property no sooner than thirty days after a copy of the notice of the appraisal is sent to each party under subsection 5 of this section regardless of whether an objection to the appraisal is filed under subdivision (3) of subsection 5 of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
7. After a hearing under subsection 6 of this section but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
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(L. 2019 S.B. 83)
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Section 528.010 - Equity suit — who may bring.
Section 528.020 - Parties to suit.
Section 528.030 - Partition, suit for, by whom brought, how determined.
Section 528.040 - Suit, where brought.
Section 528.050 - Petition shall set forth what facts.
Section 528.060 - Who shall be made parties.
Section 528.070 - When name or interest of a party is unknown, what necessary.
Section 528.080 - Those having an interest may appear and be made parties.
Section 528.090 - Proceedings, how governed.
Section 528.100 - Conservators may act for disabled persons.
Section 528.130 - Partition not to be made contrary to will.
Section 528.140 - Partitioned lands subject to debts of estate.
Section 528.150 - Judgment by default shall be rendered, when — proof of title to be exhibited.
Section 528.160 - Rights of parties to be determined, how — judgment to be rendered.
Section 528.170 - Several shares may be set off together.
Section 528.180 - Parcels, set off to the parties, to be held and enjoyed by them, how.
Section 528.190 - When parties claim adversely, court shall proceed, how.
Section 528.200 - Court shall appoint commissioners, when.
Section 528.210 - Court, or judge, may appoint new commissioners, when.
Section 528.220 - Compensation of commissioners.
Section 528.230 - Commissioners to make affidavit and give notice to parties.
Section 528.240 - Commissioners shall proceed, how.
Section 528.250 - Land not susceptible of division, commissioners shall report, what.
Section 528.260 - Lands shall be divided, how.
Section 528.270 - May divide lands into lots, when.
Section 528.280 - Commissioners shall make report — contents.
Section 528.290 - Report to be proved or acknowledged — filed.
Section 528.300 - Report may be set aside and new commissioners appointed, when.
Section 528.310 - If report approved, judgment to be rendered thereon — force of judgment.
Section 528.320 - Copy of report and judgment to be recorded.
Section 528.330 - When land laid out, map shall be returned, filed and recorded.
Section 528.340 - Court may order sale of lands, when.
Section 528.350 - Proceedings where part of shares has been set off.
Section 528.360 - Effect of confirmation of report on parties claiming adversely.
Section 528.380 - Order of sale shall be renewed, when.
Section 528.390 - Lands may be sold in parcels, when.
Section 528.410 - Defective sheriff's deed to be corrected, when and how.
Section 528.420 - Sale to be a bar against dower, when.
Section 528.430 - Sheriff and sureties responsible on his bond, when.
Section 528.440 - Outgoing sheriff to complete sale — exception.
Section 528.450 - Sheriff to report to court — report shall contain what.
Section 528.460 - Proceeds of sale, how divided.
Section 528.470 - Adverse claim to share, how disposed of.
Section 528.480 - Party claiming proceeds of sale may proceed, how.
Section 528.490 - Summons may be directed to whom — how served.
Section 528.500 - Answer shall contain what — issue shall be tried, how.
Section 528.510 - Judgment by default rendered, when.
Section 528.520 - Payment of money adjudged, when.
Section 528.530 - Courts to allow attorney's fee and compensation for guardian ad litem.
Section 528.540 - Majority of commissioners may act.
Section 528.560 - Court to order sale of lots, when.
Section 528.570 - Special commissioner to execute and file bond with clerk.
Section 528.580 - Special commissioner to perform same duties as sheriff.
Section 528.590 - Sales, when and where made.
Section 528.610 - Compensation of sheriff.
Section 528.620 - Partition of personal property — proceedings in.
Section 528.630 - Sale, how conducted.
Section 528.640 - Suits to be tried, when.
Section 528.700 - Citation of law — definitions.
Section 528.705 - Applicability to partition actions.
Section 528.710 - Complaint, act not to limit method of service — posting of sign on property, when.
Section 528.720 - Heir's property, procedure.
Section 528.725 - Cotenants, notice requirements, procedure.
Section 528.730 - Interests not purchased by cotenants, options.
Section 528.735 - Partition in-kind, prejudice to cotenants as a group, remedy.
Section 528.740 - Sale of heir's property, requirements.
Section 528.745 - Broker to file report, when, contents.
Section 528.750 - Construction of act, promotion of uniformity of law to be considered.