Detailed Answer
When co-owners need to sell shared real estate in Pennsylvania to pay for immediate obligations like funeral costs and property taxes, you have several legal paths. Which path is best depends on how the property is owned, whether one owner died, whether co-owners agree, and whether there are mortgages, tax liens, or other claims. Below is a step-by-step explanation of the typical options and what to expect under Pennsylvania law.
Step 1 — Confirm ownership type and title
Find the deed and determine whether the owners hold the property as:
- Joint tenants with right of survivorship — the surviving owner(s) automatically inherit the deceased owner’s share outside probate;
- Tenants in common — each owner has a distinct share that passes by will or by intestacy and typically becomes part of a decedent’s probate estate;
- Title held by an estate or trust — a personal representative or trustee may have authority to sell.
Knowing the ownership form determines whether a sale needs the cooperation of co-owners or the personal representative of an estate.
Step 2 — If all co-owners agree: sell by private sale
If every co-owner (or the executor/administrator who controls the deceased owner’s interest) signs to sell, a standard real estate sale is fastest. Steps include getting a title search, paying off mortgages and tax liens from sale proceeds, and splitting net proceeds according to ownership shares. A cooperating sale avoids court time and most litigation costs.
Step 3 — If co-owners do not agree: partition action
When co-owners cannot agree to sell, Pennsylvania law allows one co-owner to ask the court to force a division or sale of the property through a partition action. The court can order a physical division (partition in kind) when practical or order a sale and divide proceeds according to ownership shares when division is not feasible. Partition actions are filed in the Court of Common Pleas where the property sits. For general information about state statutes and procedures related to real property and estates, see Title 68 (Real and Personal Property) and Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes:
Title 68 — Real and Personal Property and
Title 20 — Decedents, Estates and Fiduciaries.
Step 4 — How sale proceeds handle funeral costs and property taxes
Funeral expenses: If a deceased owner’s interest is part of a probate estate, funeral expenses are usually paid from the estate before distributions to heirs. The personal representative (executor/administrator) typically has authority to pay reasonable funeral costs from estate assets subject to the rules and priorities in Pennsylvania probate law (see Title 20). If the property interest is sold as part of settling the estate, the estate’s share of proceeds can pay funeral bills.
Property taxes and tax liens: Property taxes are a lien on the land. A sale (private or court-ordered) normally pays outstanding property taxes and any municipal liens from the sale proceeds before the net is distributed to co-owners. If taxes are urgent, a buyer or the court may require taxes to be paid at closing or pay off the lien from sale proceeds.
Practical flow for an urgent need to cover funeral and property tax costs
- Locate the deed and any mortgage statements; obtain the death certificate if applicable.
- Get a title search to identify liens, mortgages, and taxes due.
- Talk to all co-owners about a voluntary sale or short-term arrangements (one owner temporarily paying taxes or funeral costs with written agreement to be repaid from sale proceeds).
- If co-owners agree, list the property, accept an offer, and close. Use sale proceeds to pay taxes and funeral bills first, then split net proceeds according to ownership shares.
- If co-owners disagree, consider filing a partition action in the Court of Common Pleas. Ask the court for an expedited sale if bills are urgent; courts sometimes prioritize urgent financial needs but deadlines and timelines vary by county.
- If the deceased owner left a will or there is an estate, the personal representative can often sell estate property, subject to court and statutory rules—this is another route to raising funds to pay funeral and tax obligations.
What a partition action looks like
A typical partition lawsuit involves filing a complaint, serving other owners, possible appointment of a master/referee or commissioners to value or oversee the sale, and then either dividing the parcel or ordering a sale with distribution of proceeds. Costs (attorneys, appraisal, court costs, and sale expenses) come out of the proceeds, so an unwilling co-owner may see their share reduced by litigation expenses.
Time and costs to expect
Voluntary sales can close in 30–90 days depending on title and lien issues. Partition actions can take several months to over a year depending on court schedules, complexity, and whether parties appeal. Legal fees, court costs, appraisal costs, and realtor commissions reduce net proceeds.
When to involve an attorney
Consult a Pennsylvania real estate or probate attorney if:
- Co-owners disagree about selling;
- There are complicated liens, an outstanding mortgage, or unclear title;
- One owner is deceased and estate administration may be required;
- Funds are urgently needed and you want to explore expedited court processes or short-term financing.
You can also contact the county Court of Common Pleas clerk’s office to learn local procedures for filing a partition action; the statewide court information is at pacourts.us.
Summary
If all co-owners agree, sell the property and use sale proceeds to pay funeral and tax bills. If they do not, a partition action lets the court order a sale and distribute proceeds after liens and costs. Outstanding property taxes are typically paid from sale proceeds, and funeral expenses of a decedent are usually a charge against the decedent’s estate. Work with a Pennsylvania attorney or title professional to verify ownership, identify liens, and choose the fastest lawful route to access funds.
Disclaimer: This article is for general information only and does not constitute legal advice. Laws change and every situation is different. Consult a licensed Pennsylvania attorney for advice specific to your circumstances.
Helpful Hints
- Gather the deed, mortgage statements, recent tax bills, and the death certificate (if applicable) before you speak with an attorney or a title company.
- Get a title search early to reveal mortgages, municipal liens, or judgments that must be cleared at sale.
- If money is urgently needed for a funeral, ask whether a temporary loan from a family member or heir is possible while you pursue a sale or court action—document any loan in writing.
- Consider a cash buyer or investor if you need speed; expect a lower price but a faster close.
- If you’re the personal representative of an estate, understand your duty to prioritize valid claims (including funeral expenses) and preserve estate assets until you know claims and liens.
- If a co-owner threatens to block a needed sale, a partition action can force resolution—but litigation costs may reduce the funds available to pay bills.
- Keep clear records of payments for taxes and funeral expenses. If you pay on behalf of the estate or co-owners, you may have a right to reimbursement from sale proceeds.
- Contact your county recorder or clerk’s office for local forms or information about recording deeds and lien releases at closing.