The Short Answer

In Florida, when heirs co-own farmland (usually as tenants in common) and cannot agree on what to do, a court can order a partition—either a physical division of the land (partition in kind) or a court-supervised sale with the proceeds divided among the owners. If the property qualifies as “heirs property,” Florida’s Uniform Partition of Heirs Property Act can add protections like an appraisal process and a potential buyout option before a sale.

What Florida Law Says

There are typically two legal pathways depending on whether the estate is still open (probate court) or the heirs already hold title together (civil court). In probate, Florida law allows the personal representative or a beneficiary to ask the court to partition property for distribution, and the court can order a sale if a fair division is not practical. Outside probate, co-owners can pursue a partition action under Florida’s partition statutes, and if the land can’t be divided without unfairness, the court can order a sale and divide the proceeds.

The Statute

The primary law governing partition during probate distribution is Fla. Stat. § 733.814.

This statute provides that when multiple beneficiaries are entitled to undivided interests, the personal representative or any beneficiary may petition to partition the property before the estate closes, and the court may direct a sale if the property cannot be partitioned without prejudice or cannot be allotted equitably and conveniently.

In addition, if the farmland is considered “heirs property” under Florida’s Uniform Partition of Heirs Property Act, the court must apply that framework in many cases. For example, the Act includes a cotenant buyout process in Fla. Stat. § 64.207, which can allow some family members to purchase the interests of those seeking a sale after the court determines value.

For general partition cases, Florida law also authorizes a sale when land is not reasonably divisible without prejudice to the owners. See Fla. Stat. § 64.071.

If you want a deeper overview of the topic, see our related post: How Does a Partition Action Work in Florida for Co-Owned or Inherited Property?.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to inherited farmland is rarely simple. Legal outcomes often depend on:

• Which court and which statute applies: If the estate is still open, Fla. Stat. § 733.814 may control; if title is already in the heirs’ names, a civil partition action under Chapter 64 may be the right vehicle.
• Heirs property protections and valuation disputes: If the land qualifies as “heirs property,” the Uniform Partition of Heirs Property Act can require a court-determined value and can trigger buyout rights (see Fla. Stat. § 64.207). Disagreements over appraisal value, improvements, and credits can materially change who gets what.
• Whether a “fair” physical split is possible: Farmland often involves access roads, irrigation, leases, homesteads, timber/mineral value, and uneven acreage quality. If a split would prejudice owners, the court can order a sale (see Fla. Stat. § 64.071), but the sale format and timing can significantly affect the final net proceeds.

Trying to handle a family land dispute without counsel can lead to avoidable delays, undervaluation, or a court outcome that doesn’t match your goals (keeping the farm in the family, obtaining a clean buyout, or maximizing sale proceeds).

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.