When multiple heirs inherit a property together, they become co-owners without having chosen each other as partners. Dissolution proceedings between heirs combine inheritance law with property law in a unique way.
The Heir Partnership: Unchosen Co-Ownership
Co-ownership through inheritance is fundamentally different from co-ownership by voluntary agreement. The heirs did not choose each other as partners, did not negotiate the terms of their co-ownership, and may have very different relationships, financial situations and objectives.
The Probate Order as Starting Point
Before dissolution can proceed, the estate must be properly probated. A probate order or will validation confirms who the heirs are and what each is entitled to. Only after this legal framework is established can the heirs move forward with decisions about the inherited property.
The Right to Demand Dissolution
Any heir who has received their share of the estate has the same right to demand dissolution as any other co-owner. This right exists regardless of what the other heirs prefer. An heir who wants to convert their property share to cash can force dissolution over the objections of other heirs.
Protecting the Estate During Administration
During the period between death and completion of estate administration, the property must be properly managed. Decisions about rent collection, maintenance, and preservation fall to the executor or administrator, and the heirs have limited ability to act independently until their shares are formally distributed.
Settlement Among Heirs
Many heir dissolution situations resolve through family agreements. Heirs may agree to sell, with one buying the others out, or to continue joint ownership under a formal management agreement. These agreements, properly documented, are binding alternatives to court proceedings.
