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H.R. 1640 — what changed

Heirs Estate Inheritance Resolution and Succession Act of 2025

From Introduced in House to Reported in House. 3 sections amended between Introduced in House and Reported in House.

Sec. 2 Grants for eligible entities that adopt the uniform partition of heirs property act

(a)
changed In general— The Secretary of Housing and Urban Development shall, not later than 1 year after the date of the enactment of this section, may establish a grant program that provides amounts to eligible entities that—
(1)
changed 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; andor
(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)
added 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.
(b)
removed Use of amounts—
(1)
removed 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)
removed 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)
changed Regulations and criteria for selection— The Secretary shall, not later than 1 year after the date of the enactment of establishing any grant program under this section, issue a rule to carry out this section, section that includes criteria for the selection of recipients.selecting eligible entities to receive amounts under this section.
(d)
added 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.
(d)
removed Authorization of appropriations—
(1)
removed 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)
removed Availability— Any amounts appropriated under this subsection shall remain available until expended.
(e)
Definitions— In this section:
(1)
changed Secretary— The term Secretary “Secretary” means the Secretary of Housing and Urban Development.
(2)
changed 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.“eligible entity” means—
(A)
added a State, as such term is defined in section 102 of the Housing and Community Development Act of 1974;
(B)
added a unit of general local government, as such term is defined in section 102 of the Housing and Community Development Act of 1974;
(C)
added a territory; and
(D)
added a Tribal government.
(f)
added Sunset— Any program established under this section shall terminate on the date that is 7 years after the date of enactment of this section.

Sec. 3 Grants to provide assistance relating to heirs’ property resolution

(a)
changed In general— The Secretary of Housing and Urban Development shall may 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)
changed targeting services to minority underserved and low- and moderate-income persons; and
(C)
changed providing services in neighborhoods that have a high concentrations of minority underserved 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)
removed 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.
(c)
renumbered was (5) Definitions— For purposes of this section, the following definitions shall apply:
(1)
added Eligible entity— The term “eligible entity” means—
(1)
removed Eligible entity— The term eligible entity means—
(A)
renumbered was (5)(3)(3) a HUD approved housing counseling agency;
(B)
added a legal services clinic operated by an institute of higher education; or
(C)
added a qualifying nonprofit.
(2)
added 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)
added 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)
added Low- and moderate-income persons—
(A)
added 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—
(B)
removed a legal services clinics operated by an institute of higher education; or
(C)
removed a qualifiying nonprofit.
(2)
removed 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)
removed 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)
removed Low- and moderate-income persons—
(A)
removed 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)
renumbered was (5)(6)(2)(3) the heirs’ property which respect to which the homeowner is seeking assistance is located; or
(ii)
renumbered was (5)(6)(2)(4) the place of residence of the homeowner is located.
(B)
added 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)
added Qualifying nonprofit— The term “qualifying nonprofit” means a nonprofit, mission-driven entity that, as determined by the Secretary—
(B)
removed 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)
removed Qualifying nonprofit— The term qualifying nonprofit means a nonprofit, mission-driven entity that, as determined by the Secretary—
(A)
renumbered was (5)(7)(3) has a track record of providing assistance to homeowners;
(B)
added targets services to underserved and low- and moderate-income persons; or
(C)
added provides services in neighborhoods that have high concentrations of underserved persons and low- and moderate-income persons.
(6)
added Secretary— The term “Secretary” means the Secretary of Housing and Urban Development.
(d)
added Sunset— Any program established under this section shall terminate on the date that is 7 years after the date of enactment of this section.
(B)
removed targets services to minority and low- and moderate-income persons; or
(C)
removed provides services in neighborhoods that have high concentrations of minority persons and low- and moderate-income persons.
(6)
removed Secretary— The term Secretary means the Secretary of Housing and Urban Development.

Sec. 4 Heirs’ property housing counseling

changed 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:following:

“(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—

changed “(i) explain to such consumer consumers what heirs’ property is, the risks associated with heirs’ property, and how to avoid heirs’ property issues; and

changed “(ii) inform such 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.

changed “(C) Heirs’ property—The term heirs’ property “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.”