Florida does not require every co-owner to consent to a sale. It requires a process. Here are the four paths, from a negotiated buyout to a court-ordered partition sale, and what each does to the title.
- Florida does not require unanimous consent to sell co-owned property. A single co-owner can force a sale through partition.
- During probate, the personal representative can sell with court approval even over an heir's objection.
- Florida's Uniform Partition of Heirs Property Act gives the other heirs a right to buy out the objector's share at appraised value before any sale.
- A title company needs the probate order or the partition judgment in the record before it can insure the buyer.
Why one heir cannot block the others forever
When a Florida owner dies, the home passes either through probate to the beneficiaries or, if it was homestead, directly to the spouse and descendants under the constitution. Either way the heirs usually end up as tenants in common, each holding an undivided share. A tenant in common cannot be forced to stay a co-owner. That principle, older than the state, is what makes the answer to "do all heirs have to agree to sell" a clear no. What the objecting heir can do is make the process slower and more expensive, which is why the negotiated paths come first.
The starting point for any of these is understanding how the property actually passed, which is covered in selling inherited property in Florida with or without probate.
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Path one: the buyout
The fastest resolution is for the heirs who want to sell to buy the objector's share, or for the objector to buy theirs. Get an appraisal, agree on a number, and close it like any other sale: a deed from the selling heirs to the buying heir, documentary stamp tax on the consideration, and a title search to confirm nothing else is recorded against the property. An heir who wants to keep the house but cannot fund the buyout can sometimes refinance to pay the others; the lender will require clear title, which means the probate or the homestead determination must already be complete.
Path two: the personal representative sells during probate
If the estate is still open, the personal representative has the power to sell estate property. For non-homestead property the will may grant that power outright; if not, or if a beneficiary objects, the personal representative petitions the probate court for authority to sell, and the court can approve a sale that is in the estate's interest over an objection. The proceeds are distributed through the estate. Homestead property is different: it is not an estate asset, it passes outside probate to the protected heirs, and the personal representative generally cannot sell it. In that case the heirs are ordinary co-owners and the remaining paths apply.
A buyer's title company will want to see letters of administration, the order authorizing the sale, and where homestead status is in question, an order determining homestead. Those documents are what make the buyer's title insurable, and a closing agent will not fund without them.
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Path three: partition
Partition is the lawsuit that ends a co-ownership nobody can agree on. Any co-owner may file it under Chapter 64 of the Florida Statutes, in the county where the land sits, and the court will either divide the property physically, which is impossible for a house, or order it sold and the proceeds divided by ownership share after costs. The objecting heir cannot prevent a partition sale. They can only affect how it happens.
For inherited property Florida added a second layer in 2020: the Uniform Partition of Heirs Property Act, sections 64.201 through 64.211. When the property qualifies as heirs property, meaning it passed among relatives and there is no written co-ownership agreement, the court must first order an appraisal, then give the heirs who did not file for partition a right to buy out the filing heir's share at the appraised value within a set window. Only if no buyout occurs does the court order a sale, and the Act prefers an open-market listing with a broker over a courthouse auction, which protects the family from a fire-sale price. The process takes months rather than weeks and legal fees are paid from the proceeds or by the parties, but it always ends with a sale or a buyout. Nobody stays stuck.
Path four: the heir who is living in the house
The most common version of this dispute involves an heir who occupies the home and refuses to leave or to pay. Partition still applies. In addition, the co-owners not in possession can generally claim a credit for the fair rental value the occupant enjoyed and for taxes and insurance they paid, and the occupant can claim credits for repairs and mortgage payments. Those accountings are resolved in the partition case and change the split of the proceeds, so keep records from the day of death.
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Submit a Contract →What the closing looks like afterward
Whichever path ends the dispute, the buyer's closing has to be able to trace title from the decedent to the buyer. That means a recorded probate order or homestead determination, deeds from every heir or a partition judgment and the court-appointed seller's deed, payoff of any liens including Medicaid estate recovery claims, and a title search that confirms nothing was recorded in between. Heirs should expect the title company to ask for death certificates, the will if any, and proof that estate creditors were handled. Our team closes these regularly and can tell you early which documents the file still needs; the title search is where it starts, and the Florida closing process guide covers the rest.
Related Reading
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Frequently Asked Questions
Do all heirs have to agree to sell property in Florida?
No. Any co-owner can force a sale through a partition action, and during probate the personal representative may sell with court approval over an objection. Unanimous consent makes it faster, not mandatory.
Can one sibling refuse to sell an inherited house in Florida?
They can refuse to sign, but they cannot prevent a sale. The other heirs can buy them out, ask the probate court to authorize a sale, or file for partition.
What is a partition action in Florida?
A lawsuit under Chapter 64 in which a co-owner asks the court to divide or sell jointly owned property and distribute the proceeds by ownership share. For inherited property the Uniform Partition of Heirs Property Act adds a buyout right and favors an open-market sale.
Can the personal representative sell a house without the heirs' consent?
For non-homestead property, yes, with authority in the will or an order from the probate court. Homestead property passes outside the estate and generally cannot be sold by the personal representative.
Does the heir living in the house have to pay rent to the others?
In a partition case the court can credit the other co-owners for the fair rental value of the occupant's exclusive use, offset by the occupant's payments for taxes, insurance, repairs and the mortgage.
What documents does a title company need to close on an inherited home?
Death certificate, letters of administration or the probate order, any order determining homestead, deeds from all heirs or the partition judgment, and evidence that estate creditors and any Medicaid claim were resolved.