Detailed answer — step-by-step overview

This section explains the practical legal paths that people in Wisconsin commonly use when a property owned by two or more people must be sold to cover immediate costs such as funeral bills and unpaid property taxes. This is general information only and not legal advice.

1) Figure out who actually owns the property

Start by checking the recorded deed at the county register of deeds. The deed will show whether the owners hold title as joint tenants with right of survivorship (ownership that automatically passes to the surviving owner(s) when one dies), tenants in common (separate shares that pass by will or intestacy), or in some other form (trust, life estate, etc.). The ownership type determines who has authority to sell without court involvement.

2) If the decedent owned an interest and there is an estate

If one owner died and their interest must pass through probate, an executor or personal representative (if appointed) usually has authority to collect assets and, where necessary, sell estate property to pay estate expenses. If the property is part of a probate estate, the personal representative should review the will (if any) and Wisconsin probate procedures. For general public guidance on Wisconsin probate procedures, see the Wisconsin Courts self-help estate pages: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm.

3) If co-owners agree to sell

If all co-owners (including any personal representative for a decedent’s share) agree, they can list the property with a real estate agent or sell it privately. Agreement avoids court. Proceeds are disbursed according to ownership shares or as the estate representative directs to pay funeral expenses, taxes, and other liabilities. Before sale, check for liens (including tax liens) and obtain title clearance.

4) If co-owners do not agree — use partition

When co-owners cannot agree, Wisconsin law allows a forced division of property called a partition action. A co-owner can file a partition lawsuit asking the court to divide or sell the property and distribute the proceeds. Wisconsin’s partition statute governs the process: Wis. Stat. ch. 842 (Partition of Lands). The court can order either a physical division (rare for residential parcels) or a sale with proceeds divided according to ownership shares. Expect a partition action to take several months and incur court and attorney fees, which will reduce net proceeds.

5) Dealing with unpaid property taxes

Unpaid property taxes can lead to interest, penalties, and eventually delinquent tax remedies under county procedures. Contact the county treasurer or tax office immediately for payoff amounts and timelines. If taxes are delinquent, the county may have a tax-foreclosure or tax-deed procedure that could threaten the property before a voluntary sale completes. A timely sale or court-ordered sale can often stop foreclosure if you pay the tax delinquency from sale proceeds or negotiate with the county.

6) Paying funeral expenses from estate or co-owner funds

Funeral expenses are typically an expense of the decedent’s estate. The personal representative may pay reasonable and necessary funeral costs from estate funds. If estate funds are insufficient and a co-owner contributes money to cover funeral costs, document the payment in writing. That co-owner may have a claim against the estate or a right to be reimbursed from sale proceeds, but proper documentation helps enforce that claim.

7) Practical checklist before listing or asking a court to sell

• Confirm ownership type on the deed.
• Locate will, death certificate, and any estate documents.
• Contact county treasurer to determine tax status and deadlines.
• Talk with co-owners and the personal representative about an agreed sale.
• Obtain a title search to reveal liens or mortgages.
• If no agreement, consult an attorney about filing a partition action under Wis. Stat. ch. 842: https://docs.legis.wisconsin.gov/statutes/statutes/842.

Common scenarios (hypothetical examples)

Scenario A — Two siblings hold title as joint tenants and one dies

If title is joint tenancy with right of survivorship, the surviving sibling typically becomes sole owner upon death and can sell the property to pay funeral and tax bills without probate. Confirm the deed language and record the death certificate if required by the register of deeds.

Scenario B — Tenants in common, one dies, estate needs to pay funeral

If the decedent was a tenant in common, the decedent’s share may pass through probate. The personal representative can sell the decedent’s interest with court approval or negotiate with co-owners to sell the whole property and split proceeds. If co-owners disagree, a partition action may force a sale.

Scenario C — No agreement, urgent tax delinquency

If the county threatens tax foreclosure, immediate contact with the county treasurer is vital. If sale proceeds would cover the delinquent taxes but co-owners cannot agree, file for partition and ask the court for an expedited sale or seek temporary relief to prevent tax foreclosure. Courts may consider the urgency of tax deadlines when setting hearings.

Helpful hints

• Confirm title early. The deed controls who can sell.
• Act fast on delinquent taxes to avoid county foreclosure.
• Get a written agreement if co-owners agree to a sale—include how proceeds and closing costs will be divided.
• Document any personal payments (funeral, taxes) with receipts and written notices to the estate or co-owners.
• Consider short-term funding (personal loan or estate advance) if waiting for sale proceeds; document repayment terms.
• Ask the county treasurer for exact payoff amounts, interest, and deadline dates in writing.
• If you expect a partition or contested probate issue, consult a Wisconsin attorney experienced in real estate and probate—court procedures and timelines matter.
• Keep the property insured and maintained until sale to avoid additional liabilities.