Can I force a sale of inherited property in Arizona?

Short answer: Yes—under Arizona law a co-owner or heir can seek a court-ordered partition (sale) of real property even if other heirs refuse mediation or decline to sign. Whether the court orders a sale or a physical division depends on the facts, title type, and applicable probate rules.

Detailed answer — how forcing a sale works in Arizona

This section explains, in plain language, the legal framework, what to expect, and the practical steps you can take. This is general information and not legal advice.

1) Who actually owns the property?

First, determine how title is held:

Joint tenants with right of survivorship: The surviving joint tenant typically owns the property automatically and no probate or partition is needed.
Tenants in common: Each owner (including heirs who inherit the decedent’s share) holds a divisible interest. Any co-owner can file a partition action to divide or force a sale of the property.
Title in decedent’s name only: The decedent’s interest passes through probate (or small‑estate processes). Once distributed to heirs (or when a personal representative acts for the estate), co‑ownership issues may arise and partition or probate sale remedies apply.

2) Legal path to force a sale: partition actions

Arizona law allows co-owners to bring a partition action in court. In a partition action a judge can:

Order a physical division of the property (partition in kind) if that is practical, or
Order a sale of the property and divide the proceeds among the owners according to their ownership shares.

Partition rules and civil procedures are found in Arizona statutes and court rules (see Arizona Revised Statutes, Title 12 for civil procedure and partition provisions: A.R.S. Title 12 (Courts & Civil Proc.)).

3) What if the property is still in probate?

If the decedent’s interest must pass through probate, the personal representative can sometimes sell property with court approval or with the heirs’ written consent. If heirs disagree, an interested party (an heir, beneficiary, or personal representative) may ask the probate court to authorize a sale or allow partition after distribution. See Arizona probate law in A.R.S. Title 14 (Probate).

4) What happens if some heirs refuse mediation or won’t sign documents?

Refusal to mediate or sign does not prevent you from filing a partition action. The court will decide whether to:

Order sale of the property and divide the proceeds; or
Award a physical division (rare when dividing a single-family home); or
Allow one co-owner to buy out others at a court-determined value.

The court considers fairness and feasibility. If mediation fails because some heirs refuse to participate, file for partition. The court can require appraisal, appoint a referee or commissioner, and ultimately order sale. You cannot literally force an heir to sign a deed — the court’s sale order and sheriff’s or court-ordered conveyance substitute for an heir’s signature.

5) Practical timeline, costs, and likely outcomes

Partition actions take time and money. Typical steps include filing the complaint, serving co-owners, obtaining appraisals, pretrial motions, possibly a bench or jury trial, and sale or division. Expect several months to over a year, depending on contested issues. Costs include filing fees, attorney fees, appraisal fees, and sale costs. Sometimes a co-owner buys out others which can be faster and cheaper.

6) Other important legal considerations

Mortgage and liens: A sale typically pays off liens and mortgages first. If heirs disagree, liens can complicate an in‑kind division and make sale more likely.
Homestead and family protections: Surviving spouses and dependents may have special rights in probate that affect disposition. See A.R.S. Title 14.
Tax and timing: Court-ordered sale may trigger capital gains or other tax consequences—talk to a tax advisor for that analysis.

7) Example (hypothetical)

Three siblings inherit a single-family rental property as tenants in common. Two siblings want to sell, one refuses to mediate or sign. The two siblings may file a partition action in Superior Court. If the court finds a physical division impractical, it can order a sale and split the net proceeds among the three according to ownership shares after paying mortgage and liens.

Helpful Hints

Check title first. Confirm whether property passed automatically (joint tenancy) or requires probate (sole ownership at death).
Try to negotiate. A written buyout offer can save time and money. Put offers in writing and document communications.
Consider mediation before filing. Even if one heir initially refuses, filing a partition action does not prevent the court from ordering or encouraging mediation later.
Collect documents: deed, mortgage statements, tax bills, insurance, leases, and any probate paperwork. Courts and attorneys will need these.
Budget for costs: appraisals, attorney fees, court costs, title work, and sale expenses.
Ask about temporary possession: If an heir unlawfully occupies the property, courts can address possession and rents during the action.
Talk to an attorney experienced with Arizona probate and real property. They can evaluate title type, recommend whether to pursue probate sale versus partition, and estimate likely costs and timing.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice tailored to your specific situation, consult a licensed Arizona attorney.