What options do I have to divide or force the sale of co-owned farmland when heirs can’t agree? - Pennsylvania
The Short Answer
In Pennsylvania, when heirs end up co-owning farmland and can’t agree on what to do with it, there are usually two practical legal paths: (1) a court-supervised sale during estate administration (if the property is still part of an estate), or (2) a court case to resolve ownership and/or force a sale when co-owners are deadlocked.
Which option applies depends heavily on how title is held (estate vs. heirs individually), whether there is a will, and whether there are other interests that affect marketability (like future interests or missing/uncooperative owners).
What Pennsylvania Law Says
When inherited real estate is involved, Pennsylvania law gives the Orphans’ Court tools to authorize a sale when it is needed for proper administration and distribution of the estate, including situations where cooperation is difficult or where a “judicial sale” is advisable to deliver clean, court-backed title.
The Statute
The primary law governing a court-authorized estate sale is 20 Pa.C.S. § 3353.
This statute allows a personal representative (executor/administrator) to sell estate real property under an Orphans’ Court order—on terms and notice the court directs—when the court finds the sale is desirable for proper administration and distribution of the estate.
Why You Should Speak with an Attorney
Even though “forcing a sale” sounds straightforward, inherited farmland disputes often turn into high-stakes litigation because the outcome depends on title status, estate posture, and competing financial goals. Legal outcomes often depend on:
- Which court has the right tool: If the land is still in an open estate, an Orphans’ Court sale under 20 Pa.C.S. § 3353 may be the cleanest route; if the estate is closed and heirs hold title as co-owners, a different type of court action may be required.
- Burden of proof and valuation disputes: Co-owners often disagree about fair price, whether a buyout is appropriate, whether the land can be divided, and whether a proposed deal is truly in everyone’s best interest.
- Exceptions and “deal-breakers” unique to farmland: Leases, conservation restrictions, access issues, and tax consequences can change the economics of selling versus keeping the property. Farmland can also raise unique inheritance-tax valuation and “change of use” concerns that should be evaluated before any transfer or sale decision is locked in.
Trying to push a sale (or stop one) without counsel can lead to avoidable delays, a lower sale price, or an order that doesn’t actually solve the ownership problem. A Pennsylvania probate attorney can evaluate whether the property should be sold through the estate, whether a judicial sale is strategically important, and how to protect your share of the value.
If you want more background reading, these may help: How Does a Partition Action Work in Pennsylvania (Especially for Inherited Property)? and Can heirs force the sale of inherited real estate in Pennsylvania if a co-owner refuses to cooperate?.
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Disclaimer: This article provides general information under Pennsylvania 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.