Short answer

If the inherited parcel is owned as a tenancy in common (or otherwise held by multiple heirs/co‑owners), a co‑owner can usually force a sale by filing a partition action in Florida circuit court under Chapter 64 of the Florida Statutes. If title still lies in an estate or is held in another form (for example, joint tenancy or tenancy by the entirety), different rules apply. Homestead, probate administration, and the way title is held can change the available remedies.

How this works in practice — step‑by‑step

1. Confirm how title is held.

   Check the deed and probate records. Common possibilities:

   • Tenancy in common — each owner has a separate share and any co‑tenant can seek partition.
   • Joint tenancy with right of survivorship — the surviving joint tenant typically owns the whole property and co‑owners cannot force a sale.
   • Tenancy by the entirety — applies to married couples; third parties generally cannot force a sale.
   • Property held in an estate or by a personal representative — the probate court and personal representative control disposition until estate administration is complete.
2. If property is a tenancy in common: file a partition action.

   Florida law provides a civil remedy called partition. A co‑owner files a petition in the circuit court where the property is located asking the court to divide the property physically (partition in kind) or sell it and divide the proceeds (partition by sale). See Chapter 64 of the Florida Statutes for the governing procedure: Florida Statutes – Chapter 64 (Partition).

3. Court process and likely outcomes.

   Typical steps include service of process on all co‑owners, disclosure of ownership interests, appraisal, and either:

   • Partition in kind — the court orders a physical division if practical; or
   • Partition by sale — if physical division would be impractical or inequitable, the court orders a sale (often at auction or through a court‑ordered sale) and divides proceeds among owners according to ownership shares.

   The court may appoint commissioners or a special master to handle the sale and will deduct costs and legal fees before distributing net proceeds. For the statutory framework, see the Chapter 64 link above.

4. If the property is still in probate.

   If title remains in the decedent’s estate, the personal representative has duties and powers under Florida probate law during administration. The personal representative may sell estate property if authorized by the will or by the probate court. If the estate is open and co‑heirs disagree about selling, you may need to ask the probate court to authorize a sale. See Florida statutes on estate administration: Chapter 733 — Administration of Estates.

5. Watch out for homestead rules and other limits.

   Florida gives broad protection to homestead property (primary residence). Homestead status and the decedent’s family situation (surviving spouse, minor children) can limit the ability to force a sale or affect who has an interest. If homestead may apply, get legal advice before starting any partition or sale process.

6. Consider alternatives before litigation.

   Litigation is costly and can divide families. Consider a buyout (one heir buys the other’s share), mediation, or a negotiated sale. A neutral appraisal helps with valuation and negotiating a fair buyout.

Practical considerations: timing, cost, and likely timeline

• Partition actions typically take several months to a year or longer depending on complexity, discovery, and scheduling.
• Court costs, appraisals, commissioners’ fees, and attorneys’ fees will reduce the net proceeds. The losing or prevailing party may be assessed costs depending on the circumstances.
• If you are the co‑owner seeking the sale, prepare title documents, deed copies, proof of ownership, and any probate filings. The court will need clear evidence of ownership shares.

When you should talk to an attorney

Talk to a Florida real estate or probate attorney if any of these apply:

• The property may be homestead or still in probate.
• Title is disputed or unclear.
• You want to file a partition action and need help with pleadings, service, or court procedure.
• You prefer a negotiated solution and want help structuring a buyout or mediated settlement.

Helpful hints

• Confirm ownership: obtain a copy of the deed from the county clerk or online records.
• Get a professional appraisal early to set realistic expectations for buyouts or sale proceeds.
• Document all communications with co‑owners in writing; this helps if you later file in court.
• Explore mediation before filing suit — Florida courts encourage alternative dispute resolution and settlements save time and money.
• Ask whether the property is homestead. If so, do not sign away rights or agree to a sale without legal advice.
• If you file a partition action, be ready for costs; consider whether pursuing a buyout would net you more after fees.
• Locate the deed and any probate filings—these documents guide what legal route is appropriate (partition vs. probate sale).