Shared inheritances are common, especially in intestate estates. Getting the structure right keeps relationships and equity intact.
This page is part of the Probate Real Estate New York guide. Not legal or tax advice — consult an estate attorney or tax professional for your situation.
How Co-Ownership Works
If the will or intestacy leaves the home to several heirs, they own it together. Selling generally requires all owners (or the executor, at fair value) to agree.
When One Heir Wants to Keep It
An heir can buy out the others at fair market value. A neutral valuation sets the number and protects everyone — and the executor — from claims of unfairness.
When Heirs Can't Agree
If co-owners deadlock, any owner can file a partition action asking a court to order a sale. It's slow and costly — a negotiated sale is almost always better.
Most heir disputes are really disagreements about value. A professional market analysis replaces opinion with evidence and defuses conflict.
Handling an Estate Property Sale on Long Island?
Montauk Dunes Real Estate provides compassionate, expert guidance for executors and families in Nassau County, Suffolk County, and the Hamptons — including traveling notary services for estate documents. Call for a free, confidential consultation.
Call 646-234-2160Frequently Asked Questions
Do all heirs have to agree to sell?
Yes, unless an executor sells at fair value or a court orders a partition sale.
Can one heir force a sale?
Yes — through a partition action, though it's a last resort. See when a sibling won’t sell.
How is a buyout priced?
At fair market value, documented by an independent valuation, minus any agreed adjustments.