When Heirs Cannot Agree on Shared Property
It is common for multiple heirs to inherit undivided interests in the same asset, especially real estate. Two siblings might each inherit a 50% share of a family home. Three cousins might share a parcel of land. When the parties cannot agree on what to do with the property, this statute provides a path forward.
When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court before the formal or informal closing of the estate, to make partition.
A.R.S. § 14-3911Either the personal representative or any heir can file a petition with the court requesting partition. The petition must be filed before the estate is formally or informally closed. All interested heirs and devisees receive notice of the petition so they have an opportunity to be heard.
How the Court Divides Property
The court has two options. First, it can physically divide the property following the same rules used in civil partition actions. If the property can be split into distinct parcels or portions without diminishing its value, the court may order that kind of division.
If the property cannot be divided without harming the owners, or if it simply cannot be conveniently allotted to one party, the court can direct the personal representative to sell it. The sale proceeds are then distributed according to each heir's share. Beginning September 14, 2024, partition may also proceed under the Uniform Partition of Heirs Property Act (Title 12, Chapter 27), which provides additional protections for co-owners of inherited property.
For families facing disagreements over inherited property, partition is a last resort. Whenever possible, reaching a private agreement among the heirs is faster, less expensive, and less emotionally taxing than asking a court to intervene.