Detailed Answer

Short answer: In Washington, you can force a sale of inherited land co-owned with other heirs by filing a partition action in the Superior Court where the property is located. The court can divide the land (partition in kind), order a sale and divide the proceeds, or approve a private sale if that is fair and practicable. See the Washington partition statutes: RCW Title 7, Chapter 60 (Partition).

How partition works under Washington law

When two or more people own real property together—common after an inheritance—each owner has a right to possession. If co-owners cannot agree on what to do with the property, any co-owner may ask the Superior Court to divide the property or order a sale. Washington’s partition statutes govern that process. The court’s basic options are:

Partition in kind: physically divide the property into separate parcels so each owner receives a distinct piece;
Partition by sale: sell the property and divide the net proceeds among the owners according to their ownership shares;
Buyout: one or more co-owners purchase the interest of the others, either by private agreement or under court supervision.

When the court will order a sale instead of division

The court considers practical and equitable factors when deciding whether to divide land or order a sale. A sale is more likely when:

The land cannot be divided without materially reducing value (for example, a small single-family lot);
Physical division would be impractical or would leave awkward, uneconomical parcels;
Division would substantially prejudice some owners;
The owners agree a sale is the best outcome.

Washington law allows the court to order sale of the property when partition in kind is impracticable or inequitable. See RCW chapter on partition: RCW Title 7, Chapter 60.

Can the court direct a private sale (not a public auction)?

Yes. Courts can approve private sales if the sale process and terms are fair and likely to yield a better price than a public sale. Parties commonly reach a written agreement for a private sale and ask the court to approve it. If co-owners cannot agree, a party can ask the court to authorize a private sale, but the court will review whether that method protects all owners’ interests.

Step-by-step: How to force a sale (typical process)

Try to negotiate first. Offer a buyout, propose a private sale, or use mediation. Courts often expect owners to try voluntary resolution before litigation.
Consult a lawyer. A real estate or probate attorney can explain strategy, likely costs, and local practice. You can find assistance at the Washington State Bar Association: Find Legal Help (WSBA).
File a partition action. File a petition for partition in the Superior Court in the county where the land sits. The petition identifies the property, ownership shares, and the relief sought (division or sale).
Serve the co-owners and interested parties. The court requires notice to all owners and any lienholders or claimants (for example, heirs, mortgage holders, or judgment creditors).
Court investigation and possible appointment of commissioner or referee. The court may appoint a commissioner, referee, or master to inspect the property, consider evidence, and recommend whether partition in kind or sale is appropriate.
Hearing and court order. After hearing evidence, the court will order either partition in kind, a sale (public or private), or another remedy. The order will set terms, appraisal requirements, and how to divide proceeds.
Sale and distribution. If the court orders a sale, it will supervise or approve the sale process and direct distribution of net proceeds among owners after payment of liens, costs, and attorney fees as the court orders.

Practical considerations and consequences

Costs: Litigation, appraisal, commissioner fees, and closing costs reduce the net proceeds. Courts can allocate those costs between parties but litigation is often expensive.
Timeline: Partition actions often take several months to over a year depending on court schedules and dispute complexity.
Title and liens: Outstanding mortgages, tax liens, or claims against the estate affect sale proceeds and may affect whether buyers will pay market value.
Tax consequences: Sale proceeds can create capital gains taxes for heirs. Consult a tax advisor for specifics.
Probate context: If the land is still in a probate case, the personal representative and the probate court may play a role. You may need to coordinate partition with probate administration.

Sample hypothetical to illustrate

Suppose three siblings inherit a single-family lot as tenants in common. Two want to sell; one wants to keep the property. The siblings first try to negotiate. Failing that, a sibling files a partition action in Superior Court. The court appoints a commissioner who finds the lot cannot be divided without destroying value. The court orders a sale and either approves a private sale arranged by the parties or orders a supervised sale. After sale, the court orders payment of a mortgage and splits the net proceeds according to each sibling’s share.

Where to find the law and forms

Partition statutes: RCW Title 7, Chapter 60 (Partition).
For help locating forms, local filing rules, and court contact info, visit the Superior Court for the county where the property sits or the Washington Courts site (www.courts.wa.gov).
To find a practicing attorney experienced in real estate or probate matters, see: WSBA Find Legal Help.

Disclaimer: This article explains general Washington law and common court practice about partition and forced sale. It is educational only and not legal advice. For advice about your specific situation, consult a licensed Washington attorney.

Helpful Hints

Start by discussing options with all co-owners—voluntary agreement saves time and costs.
Get a professional appraisal before filing suit; it strengthens bargaining and helps the court evaluate sale vs. division.
Consider mediation; many courts encourage or require it before full litigation.
Account for liens and taxes early; unresolved encumbrances reduce proceeds and complicate sale.
If you want a private sale, document the offer and why it benefits all owners; courts favor transparency and evidence the sale maximizes value.
Ask your lawyer about possible attorney fee awards—courts sometimes shift fees when litigation is unreasonable or when statutes allow recovery.
Understand possible tax consequences of a sale. Talk to a tax professional before closing.