title: "Mississippi UPHPA Co-Tenant Right of First Refusal Notice"

state: "MS"

date: "2026-04-07"

authority: "Miss. Code §§ 91-31-1 through 91-31-25 (UPHPA 2020)"

NOTICE OF RIGHT OF FIRST REFUSAL

Under the Mississippi Uniform Partition of Heirs Property Act

Miss. Code §§ 91-31-1 through 91-31-25

> USE THIS FORM WHEN: A co-owner (co-tenant) of heirs property has filed or threatened to file a partition action that could result in a forced sale of the property. Mississippi's UPHPA (enacted 2020) gives ALL co-tenants the right to purchase the requesting party's interest at fair market value BEFORE a forced sale can proceed.

NOTICE OF CO-TENANT RIGHT OF FIRST REFUSAL

Pursuant to Miss. Code § 91-31-11

Date of Notice: _______________________________________________

FROM (Responding Co-Tenant):

Full Legal Name: _______________________________________________

Address: _______________________________________________

City, State, Zip: _______________________________________________

Phone: _______________________________________________

Fractional Interest Owned: _______%

TO (Requesting Co-Tenant / Plaintiff):

Full Legal Name: _______________________________________________

Address: _______________________________________________

Last Known Address: _______________________________________________

RE: Property Located At:

_______________________________________________

Legal Description: _______________________________________________

County: _______________________________________________ State: Mississippi

NOTICE

Pursuant to the Mississippi Uniform Partition of Heirs Property Act, Miss. Code §§ 91-31-1 through 91-31-25, you are hereby notified as follows:

1. UPHPA APPLICABILITY

The above-described property is Heirs Property as defined under Miss. Code § 91-31-3, because:

[ ] The property passed to co-owners by intestate succession

[ ] The property was held by co-owners without a recorded agreement governing partition

[ ] One or more co-owners acquired an interest by will from a person who owned real property with the grantor

Therefore, any partition of this property is governed by the UPHPA (Miss. Code §§ 91-31-1 through 91-31-25), not solely by general partition law (Miss. Code §§ 11-21-1 et seq.).

2. RIGHT TO APPRAISAL

Under Miss. Code § 91-31-9, before any partition by sale may be ordered, the court must appoint an independent appraiser to determine the fair market value of the property. All co-tenants have the right to challenge the appraisal and submit competing valuations.

3. RIGHT OF FIRST REFUSAL

Under Miss. Code § 91-31-11, I hereby exercise my right to purchase your fractional interest in the above-described property at the appraised fair market value.

The fair market value of your _______% interest, based on [ ] the court-ordered appraisal of $_____________ [ ] my own good-faith estimate of $_____________, is approximately:

$_______________ (your proportional share)

I am prepared to pay this amount and request that you:

[ ] Accept this offer within 45 days of the date of this Notice

[ ] Provide written confirmation of your acceptance or rejection

[ ] Cease and desist any partition action pending resolution of this right of first refusal

4. PREFERENCE FOR PARTITION IN KIND

Under Miss. Code § 91-31-13, if a buyout cannot be arranged, I request that the court order partition in kind (physical division of the land) rather than partition by sale, as in-kind partition is the preferred remedy under UPHPA.

5. NOTICE TO COURT / OPPOSING COUNSEL

If a partition action is currently pending, I request that this Notice be filed with the court and that the court make the required determination under Miss. Code § 91-31-5 as to whether this is Heirs Property subject to UPHPA protections.

RESPONSE DEADLINE

You must respond to this Notice within 45 days of the date written above.

Failure to respond may be treated as a rejection of this offer, and I will pursue all available legal remedies under the UPHPA, including seeking court-ordered partition in kind.

SIGNATURE OF RESPONDING CO-TENANT

Signature: _______________________________________________

Printed Name: _______________________________________________

Date: _______________________________________________

CERTIFICATE OF SERVICE

I certify that on _____________, 20____, I served this Notice upon the Requesting Co-Tenant by:

[ ] Certified Mail, Return Receipt Requested — Tracking #: _______________

[ ] Personal delivery

[ ] Other: _______________________________________________

Signature: _______________________________________________

UPHPA QUICK REFERENCE

Authority: Miss. Code §§ 91-31-1 through 91-31-25 (UPHPA, enacted 2020). Not legal advice.