Detailed answer — how Wyoming law and common remedies apply

How ownership usually works after someone dies

When someone dies and real property passes to two or more heirs, those heirs normally own undivided interests in the property. That means each heir owns a share of the whole property (often called a tenancy in common), unless the will or title creates a different arrangement (for example, joint tenancy).

What a live-in heir can and cannot do

• An heir who inherits an undivided share usually has a right to possess the property, but that right is shared with the other co-owners. One co-owner cannot commit waste (damage or actions that reduce value) or exclude other owners from their rights.
• If the occupying heir uses the property exclusively and receives rental benefit, other co-owners may be entitled to an accounting or a share of the rental value. The specific remedy depends on the circumstances and what a court decides.

Common legal paths when an heir won’t move or won’t agree to sell

1. Negotiate a buyout. The simplest, fastest, and least expensive solution is often a buyout. Non-occupying heirs can offer to buy the occupant’s percentage share at a negotiated price or arrange for the occupant to buy out others.
2. Agree on a voluntary sale and split the proceeds. If all heirs agree, sell the property on the open market and divide the proceeds according to ownership shares. This avoids court costs and delays.
3. File a partition action in court. If negotiations fail, an heir can ask the court to partition the real property. In many jurisdictions courts will try to divide land physically (partition in kind) if feasible. If dividing the land fairly is impractical or would reduce value, the court can order a sale and divide proceeds among owners. Partition actions are the standard legal remedy for co-ownership disputes.
4. Use the probate process if the estate is still open. If the estate is open and the personal representative (executor/administrator) has authority under the will or court authorization, the representative may be able to sell estate property for the benefit of creditors and beneficiaries. That process requires court approval when statutes or the will demand it.
5. Seek accounting or damages for exclusive use. If the occupant has effectively taken exclusive possession and has benefited financially (for example, by renting out part of the property or using it to generate income), other co-owners may seek an accounting or money damages for their share of the benefit.
6. Ask the court to prevent waste or harassment. A court can issue injunctions to stop a co-owner from damaging the property. Courts can also award costs and attorney fees in certain situations where conduct was wrongful.

What to expect from a partition action

In a partition action the court examines whether the land can be physically divided fairly. If yes, the court orders a partition in kind. If not, the court orders a sale and splits the net proceeds after costs, liens, and debts. Partition actions can take months and involve surveyors, appraisals, and court hearings. Costs and attorney fees reduce the sale proceeds, so weigh litigation costs against potential recovery.

Why you should avoid “self-help” eviction

Do not change locks, remove the occupant’s belongings, or otherwise attempt to evict an heir without a court order. Self-help eviction can lead to civil liability and criminal charges. Use legal process through Wyoming courts instead.

Practical outcomes you might see

• Mutual agreement: one heir buys out the occupant or all agree to sell — fastest, cheapest outcome.
• Court-ordered partition sale: property sold at market and proceeds divided — common where division isn’t practical.
• Partition in kind: rare for residential lots but possible for large parcels that can be fairly split.
• Accounting or damages awarded: if occupant improperly excluded co-owners or benefitted from exclusive possession.

How to prepare if you are a non-occupying heir

1. Collect title documents: the deed, the will (if any), death certificate, and any probate filings.
2. Get a current title search and property valuation/appraisal.
3. Document any conversations and offers with the occupying heir in writing.
4. Estimate expenses and possible rental value if you pursue an accounting.
5. Consult a Wyoming real estate or probate attorney early — they can analyze whether a partition action, probate sale, or buyout is the best option.

Timeline and likely costs

Timelines vary. A negotiated buyout or voluntary sale can take weeks to a few months. A contested partition or probate action often takes several months to over a year, depending on complexity, availability of court time, and whether appeals occur. Costs include attorneys’ fees, court filing fees, appraisal and survey costs, and (if sale ordered) real estate commissions. Expect the legal process to reduce your net recovery compared to an uncontested sale.

When to contact an attorney

Talk with a Wyoming attorney when:

• You cannot reach an agreement with the occupying heir.
• The estate is still in probate and you need to know if the personal representative can sell.
• The occupant has damaged the property, removed assets, or refuses to permit inspections.
• You need help calculating fair buyout amounts, rent accounting, or filing a partition action.

An attorney can explain the likely costs, timeline, and strategic options for your situation.