During Probate: The Personal Representative Decides

When a property is going through probate, the court-appointed Personal Representative (PR) has the authority to sell the property. The PR is required to act in the best interest of the estate — not necessarily in the interest of any individual heir. The PR can sell the property even if some heirs object, as long as the sale is in the estate's best interest.

After Probate: Tenants in Common

If multiple heirs inherit the property and it's distributed to them as tenants in common (each owning a percentage), all owners must agree to sell voluntarily. One heir cannot unilaterally sell the entire property.

However, any co-owner can force a sale through a partition action.

What Is a Partition Action?

A partition action is a lawsuit filed by one co-owner asking the court to divide or sell the property. Florida courts almost always order a sale (rather than physical division) for residential property, with proceeds divided among the owners according to their ownership percentages.

Partition actions are expensive, time-consuming, and damaging to family relationships — but they are a legal remedy when co-owners can't agree.

Practical Solutions When Heirs Disagree

• Buyout — One heir buys out the others' shares, becoming the sole owner
• Mediation — A neutral mediator helps heirs reach an agreement
• Sell to a cash buyer — A fast, certain sale often resolves disagreements by making the financial outcome clear and immediate

The Cost of Disagreement

While heirs argue, the property continues to incur costs — property taxes, insurance, maintenance, and potential HOA fees. These costs reduce the net proceeds available to all heirs. Reaching agreement quickly is almost always in everyone's financial interest.