It depends. If heirs own the property as
co-owners (tenants in common), all must agree. If they don't, a partition
action can force a sale. During probate, the personal
representative has authority to sell with court approval—regardless of heir
disagreements.
Three Common Scenarios
Scenario 1: Property Still in Probate
The personal representative (executor) has
authority to sell estate assets with court approval. Individual heir preferences don't
block the sale—the PR acts in the estate's best interest. Proceeds are divided according
to the will or intestacy law.
Scenario 2: Heirs Own as Tenants in Common
After probate, if multiple heirs inherit ownership shares, all
must agree to sell. One unwilling heir can block a sale. Solution: Partition
action—a court-ordered forced sale where proceeds are split by ownership
percentage.
Scenario 3: One Heir Wants to Buy Out Others
A willing heir can buy out the others' shares. We often help
by providing a cash offer that establishes fair market value for the buyout negotiation.
What Is a Partition Action?
A partition action is a legal process where any co-owner can ask the court to
force a sale of jointly-owned property. The court orders the sale at auction or through a
broker, and proceeds are divided by ownership percentage.
Partition actions are expensive (legal fees, court costs) and time-consuming—but sometimes
they're the only option when heirs disagree.
How We Can Help
Establish fair value: Our cash offer provides a market value
reference for negotiations
Close quickly: If heirs agree, we can close in 7-14 days
Work with probate: We coordinate with personal representatives
and attorneys
Dealing with heir disagreements? Call (561) 258-9405 for a confidential consultation.
Source: Florida Realtors®, ATTOM Data, Houzeo, Citizens Florida · Data as of February 2026
Florida probate in 2026: Summary administration (estates ≤$75K) takes 1–3 months, while formal administration averages 9–12 months. Contested cases can drag on 2+ years for contested estates. Attorney fees follow a statutory schedule — for a $500K estate, expect ~
Source: Florida Realtors®, ATTOM Data, Houzeo, Citizens Florida · Data as of February 2026
Florida probate in 2026: Summary administration (estates ≤$75K) takes 1–3 months, while formal administration averages 9–12 months. Contested cases can drag on 2+ years for contested estates. Attorney fees follow a statutory schedule — for a $500K estate, expect ~$15,000 (3%). Over 67,000 probate cases were opened statewide in 2024, with 42% of cases pending over 18 months. Important: Florida has NO state inheritance or estate tax, and the 2026 federal exemption is $13.99 million per person (2025, indexed annually).
📊 2026 Florida Probate Data
Contested Cases18% of filings are contested of filings
Contested Cost15–30% of estate value consumed by legal/admin costs
Average Duration9–12 months
Cases Opened (2024)67,000+ (2024)
5,000 (3%). Over 67,000 probate cases were opened statewide in 2024, with 42% of cases pending over 18 months. Important: Florida has NO state inheritance or estate tax, and the 2026 federal exemption is
Source: Florida Realtors®, ATTOM Data, Houzeo, Citizens Florida · Data as of February 2026
Florida probate in 2026: Summary administration (estates ≤$75K) takes 1–3 months, while formal administration averages 9–12 months. Contested cases can drag on 2+ years for contested estates. Attorney fees follow a statutory schedule — for a $500K estate, expect ~$15,000 (3%). Over 67,000 probate cases were opened statewide in 2024, with 42% of cases pending over 18 months. Important: Florida has NO state inheritance or estate tax, and the 2026 federal exemption is $13.99 million per person (2025, indexed annually).
📊 2026 Florida Probate Data
Contested Cases18% of filings are contested of filings
Contested Cost15–30% of estate value consumed by legal/admin costs
Average Duration9–12 months
Cases Opened (2024)67,000+ (2024)
3.99 million per person (2025, indexed annually).
📊 2026 Florida Probate Data
Contested Cases18% of filings are contested of filings
Contested Cost15–30% of estate value consumed by legal/admin costs
