Detailed Answer
This explains how to force the sale of real property owned by a deceased parent under Arkansas law and what to expect during the process. It assumes you start with no legal knowledge. This is an overview only and not legal advice.
Which situation allows a court-ordered sale?
When two or more people own real estate together as co-owners (commonly called tenants in common), any co-owner generally may ask the court to divide the property. If physical division isn’t practical, the court can order a sale and split the proceeds. Arkansas has a statutory procedure for partition actions; see Ark. Code Ann. § 18-60-101 et seq. for the governing provisions: Ark. Code Ann. Title 18, Chapter 60 (Partition).
Do you need probate first?
It depends on how title is held:
- If the decedent held title solely in their name, the property usually must be transferred out of the decedent’s estate through probate (or small‑estate procedures) before a clear new ownership interest can be partitioned among heirs. Check the local county probate clerk or an attorney to determine whether probate is required.
- If the heirs are already co-owners (for example, title was transferred to multiple heirs during probate or the deed named them as tenants in common), any co-owner can typically file a partition action without additional probate steps.
- If title contains a right of survivorship (joint tenancy with right of survivorship), the surviving owner(s) may hold full title automatically and a partition action is not applicable unless the survivorship status is disputed.
Where to file
File a partition complaint in the trial court that handles equity/chancery matters in the county where the property is located (generally circuit court or the chancery docket). The complaint must name everyone who has a recorded or legally cognizable interest in the property so the court can resolve all claims.
Typical steps in an Arkansas partition action
- Title review and party identification. Do a title search to identify owners, lienholders (mortgages), and recorded interests. Gather the deed, death certificate, any probate paperwork, and mortgage/tax statements.
- Prepare and file a complaint for partition. The complaint states the legal basis for partition, describes the property, lists all interested parties, and asks the court to divide the land or sell it and divide the proceeds. The filing must comply with local civil rules and include a summons for each defendant.
- Service of process. All parties with an interest must be served with the complaint and given an opportunity to respond. If some parties can’t be located, the court allows substitute service or publication under certain conditions.
- Responses and possible defenses. Defendants may assert claims (for example, that the property should be partitioned in kind, or that an interest is invalid). The court will resolve competing claims and interests.
- Equitable remedies: partition-in-kind or sale. If actual physical division is feasible and fair, the court may divide the land among co-owners (partition in kind). If division would be impractical or inequitable, the court will order a sale and divide net proceeds per ownership interests.
- Appointment of commissioners or a master. Arkansas courts commonly appoint commissioners, a master, or a sheriff to carry out appraisal, division, and sale procedures and to report back to the court.
- Handling liens, mortgages, taxes. Liens and mortgages usually must be paid from sale proceeds or dealt with before distribution. The sheriff’s or master’s deed can clear title to buyers after sale, subject to payoff of encumbrances.
- Distribution of proceeds and final decree. After the sale and payment of costs, liens, and fees, the court enters a final decree allocating the remaining funds to the owners according to their legal shares.
Common practical issues and tips
- If one co-owner wants to buy out others, propose a buyout before filing; voluntary agreements save time and litigation costs.
- Mortgage lenders and tax authorities have priority and can limit or alter the sale process; get payoff figures early.
- Heirs who live in the house may claim homestead rights or seek time to relocate; courts may consider those equities when setting sale schedules.
- If you believe the decedent gifted the home or created a trust, documentation matters—bring deeds, trust instruments, and affidavits to your attorney.
Timing and costs
Partition suits can take several months to over a year depending on complexity, contested issues, and sale logistics. Expect court filing fees, service costs, appraisal and advertising fees, and payments to the commissioner or master; attorney fees vary. If the court orders a sale, advertising and closing add time and cost.
When to consult a lawyer
Speak with an Arkansas real property attorney if any of these apply:
- Title is in your deceased parent’s name alone and probate has not been completed.
- Multiple heirs dispute ownership shares or the existence of a will/trust.
- There are mortgages, IRS or state tax liens, or creditor claims against the estate.
- Some owners can’t be located or are uncooperative.
Key statute
Arkansas partition rules are found in the Arkansas Code: Ark. Code Ann. Title 18, Chapter 60 (Partition). Review that chapter for statutory language on pleadings, appointment of commissioners, sale procedures, and division of proceeds.
Short checklist of documents to gather before action
- Deed(s) showing current title
- Death certificate
- Any will or trust documents
- Probate court filings (if opened)
- Mortgage and loan statements
- Property tax bills and records of payment
- Contact information for all heirs and possible claimants
Disclaimer: This information is educational only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney in Arkansas. If you need legal help, contact a qualified Arkansas property/estate attorney to review your specific facts.
Helpful Hints
- Try to reach a voluntary agreement among heirs first — settlements save time and money.
- Start a title search before filing to identify all interested parties and liens.
- Collect and save originals or certified copies of the deed and death certificate.
- Request payoff statements for any mortgages and check for tax liens early.
- Ask the county circuit clerk for local filing fees and any required form templates.
- Consider mediation to resolve ownership disputes before litigation.
- Keep accurate records of communications, offers, and repairs or expenses tied to the property.
- Be realistic about timelines: litigation and court-ordered sales can take many months.