The Short Answer

In a Florida partition case involving certain inherited “heirs property,” the law can give non-selling co-owners a court-supervised buyout option—meaning they may be allowed to purchase the interests of the co-owners who are pushing for a sale. Fair market value is typically set through a court-ordered appraisal (or another court-approved valuation method), and your buyout price is generally your fractional share of that court-determined value.

What Florida Law Says

Florida’s rules for partition buyouts and valuation are especially important when the property qualifies as heirs property (commonly, inherited real estate owned by multiple family members). In that situation, the court generally determines the property’s fair market value first, and then—if someone has requested a partition by sale—the court must notify the parties about a potential buyout opportunity for eligible co-owners.

The Statute

The primary law governing the buyout option is Fla. Stat. § 64.207.

This statute establishes that after the court determines value, eligible cotenants (generally, those who did not request the sale) may elect to buy the interests of the cotenants who did request partition by sale, with the purchase price based on the court’s valuation and each owner’s fractional interest.

The key valuation statute is Fla. Stat. § 64.206.

This statute generally requires the court to determine fair market value by ordering an appraisal by a disinterested, Florida-licensed real estate appraiser (unless the cotenants agree on value or another method, or the court finds an appraisal’s cost outweighs its benefit). The appraisal is filed with the court, parties can object, and the court holds a hearing before setting the final fair market value.

Once the court sets the value, the buyout price for a selling cotenant’s interest is calculated as the court-determined value of the entire parcel multiplied by that cotenant’s fractional ownership. See Fla. Stat. § 64.207(3).

If your dispute is happening while an estate is still open, Florida probate law also allows a beneficiary or the personal representative to ask the probate court to partition property for distribution. See Fla. Stat. § 733.814.

For more background, you may also find helpful: How does a partition action work in Florida for co-owned or inherited property? and Can I buy out my siblings’ share through a Florida partition action?.

Why You Should Speak with an Attorney

Even though the statutes lay out the framework, buyouts and “fair market value” fights often turn into high-stakes litigation. Legal outcomes often depend on:

• Strict Deadlines: The buyout election window can be short (for example, the statute provides a 45-day election period after the court’s notice in the heirs-property buyout process). See Fla. Stat. § 64.207(2).
• Burden of Proof on Value: If you object to the appraisal, you need admissible evidence to support a different value, and the court can consider competing valuation evidence at a hearing. See Fla. Stat. § 64.206(6).
• Adjustments and Setoffs: Florida’s heirs-property valuation process can involve an equitable accounting that may adjust the numbers (for example, credits or charges tied to expenses, payments, or benefits related to the property). See Fla. Stat. § 64.206 (final paragraph).

Because a buyout can permanently change ownership rights—and because valuation disputes can swing the outcome by tens or hundreds of thousands of dollars—having counsel can protect you from an undervaluation, missed deadlines, or an order forcing a sale when a buyout or in-kind partition might have been available.

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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.