Do All Heirs Have to Agree to Sell the Property?
Quick Answer
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.