Do All Heirs Have to Agree to Sell Property in California?

When a loved one passes away and leaves behind real estate, surviving family members often ask: Do all heirs have to agree to sell the property? The answer depends on several key factors, including how the property was owned, whether there is a will or trust, and whether probate is involved.

In this blog post, we’ll explain the legal rules around selling inherited property in California and what happens if some heirs want to sell while others do not.

Key Definitions

• Heirs: Individuals legally entitled to inherit under California law if there’s no will.

• Beneficiaries: Individuals named in a will or trust to receive assets.

• Co-owners: Heirs or beneficiaries who receive undivided ownership in inherited property (i.e., each owns a percentage).

• Executor or Trustee: The person legally responsible for administering the estate or trust.

Scenario 1: Property Is Held in a Trust

If the deceased created a revocable living trust, the successor trustee has the authority to manage and sell trust property, without needing approval from all beneficiaries, as long as the sale is consistent with the trust’s terms.

✅ Trust Property Sale - In most cases, the trustee can sell real estate held in the trust without unanimous consent from beneficiaries, though communication is recommended to avoid disputes.

Scenario 2: Property Is in a Probate Estate

If the decedent died without a trust, and the property is going through probate, the executor or administrator must:

1. Obtain authority from the probate court to sell the property (often through full authority under the Independent Administration of Estates Act (IAEA)).

2. Notify all interested parties (heirs or beneficiaries).

3. Possibly seek court confirmation, depending on the level of authority granted.

✅ Probate Property Sale - The executor doesn’t need unanimous agreement from heirs, but must follow legal notice procedures and may need court approval if one or more heirs object.

Scenario 3: Property Has Passed to Multiple Heirs

When the estate is settled and title is transferred to multiple heirs as co-owners, they now share legal ownership, often as tenants in common.

In this case, all co-owners must agree to sell the property. If one heir refuses to sell:

• The others can’t force a sale privately.

• They may file a partition action in court to request a forced sale or division of the property.

⚖️ Partition Lawsuit in California Under California Code of Civil Procedure § 872.210, any co-owner has the right to force a sale through a court-supervised process called partition by sale.

Common Problems When Heirs Disagree

• One heir wants to live in the home while others want to sell.

• Some heirs believe the property is being undervalued.

• Emotional attachment delays a decision.

These disputes can be costly and time-consuming if taken to court. That’s why it’s often best to pursue mediation, legal guidance, or a buyout agreement before filing a lawsuit.

Can One Heir Force the Sale of a House?

Yes—if the house has been distributed and co-owned by multiple heirs or beneficiaries, any one of them may file a partition action to force the sale of the property.

However:

• This involves court costs and legal fees.

• The court will usually order a sale and divide proceeds based on ownership percentages.

Tips for Resolving Inherited Property Disputes

• ✅ Open Communication: Discuss plans openly and early in the process.

• ✅ Hire a Neutral Appraiser: Establish a fair market value.

• ✅ Consider a Buyout: One heir may purchase the others' shares.

• ✅ Seek Mediation: Avoid court with professional mediation.

• ✅ Get Legal Advice: An experienced probate or real estate attorney can help facilitate a fair solution.

Final Thoughts

Whether all heirs must agree to sell inherited property in California depends on how the property is owned and whether it’s still in an estate, trust, or has been distributed. In probate or trust administration, the executor or trustee often has the authority to sell without full consent, but once heirs become co-owners, unanimous agreement is required unless a court intervenes.

If you’re facing conflict over inherited real estate, consult a California probate attorney to understand your rights, options, and strategies for resolution.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.