Can you force sale of inherited property when some heirs refuse mediation or won’t sign?

Short answer: Yes — in North Dakota you generally can force a sale through the courts even if some heirs refuse mediation or decline to sign. Two common legal routes are (1) a probate-authorized sale if the property is part of an estate and the personal representative has court authority, and (2) a partition action if co-owners (including heirs) hold title together. The court can order a sale and divide the proceeds among the owners or heirs.

Detailed answer — how this works under North Dakota law

1. If the property is part of a probate estate

When the decedent’s estate goes through probate, the personal representative (executor/administrator) may have authority to sell estate property. If the will expressly grants that power, the representative can sell subject to any conditions in the will. If the personal representative lacks explicit authority, the representative can ask the probate court for permission to sell real property as part of estate administration.

The court can approve a sale over creditor or beneficiary objections when a sale is necessary to pay debts, to carry out the estate’s administration, or otherwise serve the estate’s best interests. The court will supervise notice, appraisal, and sale procedures and will divide proceeds according to the estate’s distribution rules.

See North Dakota probate law for the statutory framework on estate administration and sales: North Dakota Century Code, Title 30.1 (Probate) — https://www.legis.nd.gov/cencode/t30-1

2. If heirs/co-owners hold title together: partition in district court

If two or more people own property as co-owners (including as tenants in common), any co-owner may file a partition action in North Dakota district court to divide or sell the property. The court first considers whether physical division (partition in kind) is feasible. If dividing the land fairly is impractical or would damage the property’s value, the court can order a judicial sale and split the net proceeds among the owners according to their interests.

Refusing mediation or refusing to sign a voluntary sale agreement does not prevent a co-owner from filing a partition action. The court process typically requires: filing a complaint, serving all co-owners, obtaining appraisals, possible hearings, and an order directing either division or sale. Sales are often carried out by foreclosure-style public auction or by court-supervised sale. The court will account for liens, mortgages, taxes, and legal costs before distributing proceeds.

For the partition statutory framework and procedures, see North Dakota real property and civil procedure provisions: North Dakota Century Code, Title 32 (Real Property) — https://www.legis.nd.gov/cencode/t32

What the court considers

Whether partition in kind is practical without materially harming value.
Whether a sale is necessary to get an equitable outcome.
Liens, mortgages, unpaid taxes, and other encumbrances that must be paid from sale proceeds.
Costs of sale, court costs, and sometimes attorney fees (awarded in particular circumstances).
Each owner’s interest (percentage of ownership) to determine distribution.

Common outcomes

Partition in kind: the property is physically divided if feasible.
Partition by sale: the court orders a public sale; proceeds are divided.
Buyout: sometimes one owner buys out the others at a court-determined fair value to avoid sale.

Practical steps if heirs refuse mediation or won’t sign

Confirm ownership. Pull the deed and see how title is held (joint tenants, tenants in common, estate name).
If there is a probate estate, contact the personal representative to learn whether sale authority exists or whether the representative will petition the court to sell.
Try negotiation and mediation first — even a simple buyout offer or structured payment plan can avoid court time and fees.
If negotiation fails, consult a North Dakota attorney experienced in probate and partition cases. They can evaluate whether to file a partition action or petition the probate court for sale authority.
Prepare documentation: deed, mortgage statements, tax records, any will or probate filings, and evidence of improvements or payments by specific heirs (these can affect accounting and distribution).
Be ready for time and cost: partition and probate sales take months and include court fees, appraisal costs, real estate closing costs, and possibly liens that reduce proceeds.

Typical timeline and costs

There’s no fixed timeline. A simple petition may resolve in a few months; contested matters can take longer. Expect court filing fees, service costs, appraisal fees, and attorney fees. If a sale is ordered, the process includes marketing and closing timelines similar to ordinary real estate sales.

When to consider alternatives to a court-ordered sale

Private buyout negotiated with help of a neutral appraiser.
Short-term co-ownership agreement with defined exit terms (e.g., right to compel sale after a set time).
Refinancing or taking out a loan to pay other heirs their share (requires lender cooperation and clear title).

Helpful hints

Document everything: communications, offers, and payments. Courts rely heavily on records.
Get an independent appraisal early to know fair market value and to support any buyout or partition petition.
Account for mortgages and liens early; buyers or the court will require payoff information at sale.
Consider mediation before filing suit — courts often view mediation attempts favorably and it can save money.
Talk to a probate and real estate attorney in North Dakota to confirm strategy and court procedures for your county’s district court.
Be prepared for tax consequences when proceeds are distributed; consult a tax advisor if needed.

Useful North Dakota statute resources:

North Dakota Century Code, Title 30.1 (Probate): https://www.legis.nd.gov/cencode/t30-1
North Dakota Century Code, Title 32 (Real Property): https://www.legis.nd.gov/cencode/t32

Next steps: If you face heirs who refuse mediation or decline to sign a sale agreement, gather documentation of title and debts, try a negotiated buyout or mediation, and consult a North Dakota attorney about filing a partition action or asking the probate court to authorize a sale.

Disclaimer: I am not a lawyer. This article provides general information about North Dakota law and is not legal advice. For advice about your specific situation, consult a licensed North Dakota attorney.