Quick Answer

It depends. If heirs already own the property as co-owners, a voluntary sale usually needs cooperation from the owners who must sign. If they cannot agree, a Florida attorney can explain buyout, partition, or court-approval options. During probate, the personal representative may have authority to sell, but the title company and probate attorney still need to confirm the will, court orders, homestead issues, and notice requirements.

Florida's Partition Law (F.S. 64.031)

A partition action is one legal path when co-owners cannot agree, but it is not a simple shortcut. A Florida attorney should review title, probate status, homestead issues, ownership percentages, and whether the property qualifies for heirs-property protections.

Florida adopted the Uniform Partition of Heirs Property Act (F.S. 64.201-64.211) in 2020. If the property qualifies, the court process may include appraisal and buyout rights before a sale is ordered.

The practical path is often to compare a buyout, listing, direct sale, or partition before legal costs eat into everyone's share.

Three Common Scenarios

Scenario 1: Property Still in Probate

The personal representative (executor) has authority to sell estate assets when the will, court, and title company allow it. Individual heir preferences may matter differently depending on homestead status, court orders, objections, and estate documents. Proceeds are handled according to the closing statement, estate documents, and legal requirements.

Scenario 2: Heirs Own as Tenants in Common

After probate, if multiple heirs inherit ownership shares, all usually need cooperation from the owners who must sign. One unwilling owner can delay or block a voluntary sale. A partition action may be an option, but it adds legal cost and court timing, so compare buyout and negotiated-sale options first.

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 a co-owner asks the court to divide or sell jointly owned property. The result depends on ownership, heirs-property rules, appraisal, buyout rights, court orders, and settlement negotiations.

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 when title, payoff, access, and seller documents are ready
Work with probate: We coordinate with personal representatives and attorneys

Dealing with heir disagreements? Call (561) 258-9405 for a confidential consultation.

Related Resources

What to confirm when heirs disagree

The answer depends on title, probate status, the will, and who has authority to sign. A buyer cannot fix an heir dispute with a simple cash offer.

Who is on title: pull the deed and confirm whether the deceased owner was the only owner.

Probate status: check whether a personal representative has been appointed and whether court approval is needed.

Authority to sign: a title company or attorney should confirm who must sign the contract and deed.

Dispute risk: if one heir objects, get legal advice before spending money on repairs or cleanout.

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Do All Heirs Have to Agree to Sell the Property?