What Happens When Heirs Disagree About Selling an Inherited House in Florida?

Under Florida law, the right to inherit vests at death (sections 732.101 and 732.514). That does not put the heirs in control right away. Property that goes through probate is held by the personal representative, the court-appointed person often called the executor, for paying debts and for distribution (section 733.608).

There are three common positions. If the estate is open and the house is an estate asset, the personal representative controls it. If the house was the owner’s protected homestead, it is not treated as an estate asset. If a deed or court order already put the house in the heirs’ names, they are co-owners. A house with no probate case and a deed still in the deceased person’s name is a different problem; see our guide on selling when the deed is in a deceased owner’s name.

Check the last recorded deed and any court orders, not just the owner’s name on the property appraiser’s site. Under section 689.15, a deed or will leaving property to two or more people creates a tenancy in common unless it expressly gives survivorship rights.

Often, yes. Heirs do not vote on an estate asset. If the will gives a specific power to sell real property or a general power to sell estate assets, section 733.613(2) lets the personal representative sell without court authorization or confirmation. With no will, or no workable power of sale, the personal representative can still sell, but no title passes until the court authorizes or confirms the sale. A buyer under a specific power or court order takes title free of the beneficiaries’ entitlements (section 733.613(3)). If a will leaves the house itself to named people, the estate attorney can explain how that affects these powers.

These powers have limits. A personal representative is a fiduciary who must settle the estate efficiently and is liable for loss caused by a breach of duty (sections 733.602 and 733.609). A sale to the personal representative or their spouse, agent or attorney is voidable by an interested person who did not consent after fair disclosure. The exceptions are a will or contract of the deceased that expressly authorized it, or court approval after notice (section 733.610). That matters when the sibling in charge also wants the house. Causes for removal include maladministration and conflicting interests (section 733.504).

Unless the will says otherwise, a personal representative can also take possession of estate property, and a request that a beneficiary hand it over is conclusive evidence that possession is needed (section 733.607). Probate has its own partition tool too. Under section 733.814, the personal representative or any beneficiary can petition before the estate closes, and the court can direct a sale of property that cannot be partitioned without prejudice to the owners. Our page on selling a house during probate covers the sale itself.

Protected homestead follows separate rules. The personal representative has no right to possess it, and it is not an estate asset (sections 733.607 and 733.608). If no one with an apparent interest occupies it, the personal representative may take possession only to preserve, insure and protect it until its status is decided. A title company may ask for a court order determining homestead and signatures from the heirs.

The personal representative or any interested person can petition the probate court to decide the question under Florida Probate Rule 5.405. If the court finds protected homestead, its order must name the people entitled to the property and define each person’s interest.

A surviving spouse changes the picture. If the owner left a spouse and descendants and the homestead was not validly left by will, section 732.401 gives the spouse a life estate and the descendants the remainder. The spouse may instead elect a one-half interest as a tenant in common within 6 months of the death. Whether children holding only a remainder can seek partition is a question for an attorney.

To sell the whole house, effectively yes. The Florida House staff analysis of the 2020 heirs property act says each tenant in common owns a proportional share but may use and possess the entire property, subject to the same rights of the others. It adds that heirs property is often not considered to have clear title until all heirs consent to the sale. Our page on selling an inherited house explains how several heirs sign together.

One heir can sell only that heir’s share. The Florida Senate staff analysis says a single heir can sell a fractional interest, and the buyer then becomes a tenant in common who can petition for a partition sale. That replaces one co-owner with another.

A sibling who lives in the house generally does not owe the others rent just for living there. In Coggan v. Coggan (1970), the Florida Supreme Court approved the rule that a co-owner in sole possession who collects no rents is not accountable to the others. The exception is holding adversely or as a result of ouster or its equivalent, and that must be manifested or communicated to the other owner. Rent collected from a tenant falls outside that rule.

On the bills, tenants in common generally must contribute to the costs of keeping the property. A co-owner who paid more can often get a credit from sale proceeds at partition, unless an agreement or other basis relieves the other owner, and time spent living in the house can affect that credit. A Florida attorney can say how this applies to your numbers.

A buyout means one heir pays the others for their shares and ends up owning the whole house. No court is needed if everyone agrees. The family settles on a value, for example through an appraisal or comparable sales. A common starting point is that value times the fraction being sold, the same formula the partition statute uses, adjusted for any mortgage, unpaid bills and credits.

Paying for it can be the hard part. The House staff analysis warns that an heir may not be able to get the funds because mortgage companies often do not accept a fractional interest as collateral.

The transfer is made by a recorded deed. Florida’s documentary stamp tax applies to a deed given for money or other consideration, which can include mortgage debt (section 201.02). The Department of Revenue lists 70 cents per $100, or 60 cents in Miami-Dade, where a 45-cent surtax applies unless the deed transfers only a single-family dwelling. The heir being paid may also face income tax; our guide to taxes on an inherited house explains stepped-up basis.

During probate, section 733.815 lets interested persons change what they receive in a signed written contract, subject to creditors and taxing authorities, and the personal representative generally has to follow it. A personal representative may also distribute assets non-pro rata, subject to the duty of impartiality (section 733.810). One heir could take the house while another takes cash, if the estate has it.

Mediation is a meeting with a neutral third person who helps the family look for a deal. Under section 44.1011, decision-making stays with the parties, so the mediator does not rule on who is right. No lawsuit is required. Heirs can agree to hire a mediator at any time, but voluntary mediation only works if every needed sibling takes part.

Section 44.405 makes mediation communications confidential and privileged, with listed exceptions. Those rules apply to a mediation run by a Florida Supreme Court certified mediator unless the parties expressly agree otherwise (section 44.402). A signed written agreement is not confidential unless the parties agree that it is.

Once a civil case is filed, a court may refer all or part of it to mediation (section 44.102). Under the civil rules, a party who skips a noticed conference without good cause faces sanctions. An agreement must be written and signed. If there is none, the mediator reports that to the court without comment. Each party pays a proportionate share of the mediator’s charges where appropriate.

Partition is the court process that ends co-ownership. Under chapter 64, one or more co-owners can file against the others (section 64.031) in the county where the property sits (section 64.022). Legislative staff analyses state the general rule that tenants in common are entitled to partition as a matter of right. The Senate analysis adds that the right can be waived or lost by agreement, so any earlier agreement among the heirs matters.

If partition is proper, the court appoints three commissioners (sections 64.051 and 64.061). Under the general rules in Part I, if they report that the land cannot be divided without prejudice to the owners, the court may order a public auction and divide the money by share (section 64.071). Each party pays a share of the costs, including attorneys’ fees, in proportion to their interest, and the court may order those paid from the sale money (section 64.081).

Living in the house does not automatically prevent this. In Tullis v. Tullis (1978), a case between former spouses, the Florida Supreme Court held that the homestead provision allows partition and forced sale on suit by one of the owners. The court tied that to protecting the owners’ beneficial enjoyment of their interests.

For cases filed on or after July 1, 2020, sections 64.201 to 64.214 add rules for family property. The court decides whether the house is “heirs property.” That requires a tenancy in common with no agreement in a record binding all co-owners on partition. At least one owner must have acquired title from a relative, and one of three 20 percent tests must be met, such as relatives holding 20 percent or more of the interests. If it qualifies, these rules control unless all co-owners agree otherwise in a record.

The court first sets fair market value, normally through an appraisal by a disinterested Florida-licensed appraiser, unless all co-owners agree on a value or method. A party has 30 days after notice to object. On any co-owner’s request, the court also does an equitable accounting and adjusts prices for contributions (sections 64.202 and 64.206).

The buyout comes next, and it runs one way. If anyone asked for partition by sale, any co-owner who did not ask may elect within 45 days to buy out those who did (section 64.207). The price is the court’s value times the fraction bought. The court then sets a payment date at least 60 days after its notice, and the money goes into the court. So the sibling refusing to sell gets the first chance to keep the house at a court-set price. The sibling who asked for a sale gets paid but cannot use this right.

If there is no completed buyout, the court looks at partition in kind, meaning separately titled parcels. It orders that unless commissioners find it would prejudice the co-owners as a group. They weigh section 64.209 factors such as whether division is practical, how long the family has owned the property, sentimental attachment and who paid taxes and upkeep. One house on one lot is hard to divide. If the court does not order division, it orders a sale, or dismisses the case if nobody requested one (section 64.208).

The default sale is on the open market, not an auction (section 64.210). The parties have 10 days to agree on a Florida-licensed broker, or the court appoints one. The broker offers the house at no less than the court’s value. If no offer reaches that value within a reasonable time, the court can approve the top offer, reset the value and keep marketing, or order sealed bids or an auction.

Partition and probate are both circuit court matters (section 26.012), but venue can differ. Partition goes in the county where the house sits, and probate in the county where the person was domiciled (section 733.101). A Hollywood house can have a Palm Beach County estate if the owner lived there. In Broward, the Clerk’s site sends people to the county’s Records, Taxes and Treasury Division for recorded deeds. In Miami-Dade, the Clerk of the Court and Comptroller keeps official records.

In Broward, the Seventeenth Circuit’s Court Mediation and Arbitration Program at 201 SE 6th Street in Fort Lauderdale coordinates cases sent to private mediation and keeps a mediator rotation list. The Eleventh Circuit (Miami-Dade) and Fifteenth Circuit (Palm Beach) describe their in-house mediation as covering family, juvenile dependency and county court cases, so a partition or estate dispute there would generally use a private mediator. The Florida Dispute Resolution Center’s website lists certified mediators by county and type. In Palm Beach County, the Probate Division’s homestead checklist calls for a consent from each homestead beneficiary or proof of formal notice on each one.

A cash sale does not break a deadlock. Florida Cash For Home can only buy from the people with authority to sell: the personal representative or every owner on title. It is probably not the right fit if a sibling wants to keep the house and can fund a buyout, or if the family has time to list a house in good condition, which may net more. Our cash offer vs. listing comparison shows how to compare.

When the family does agree to sell, we buy inherited houses as-is across South Florida, including Broward and Miami-Dade. You get a written offer within 24 hours of the walkthrough and pay no seller commissions or closing costs. We can close in about 10 days when title is clear, or later if you prefer.