Sell Land Owned by Multiple Heirs in Florida

Updated November 6, 2026 by SWFL Land

Yes, you can sell Florida land owned by several heirs, but a buyer who wants the whole parcel generally needs every owner’s signature or a court order. We buy Florida land owned by multiple heirs, including lots still titled in a parent’s or grandparent’s name, land split among siblings and cousins, and parcels where some heirs live out of state or cannot be found. SWFL Land (Libera Capital Group LLC) is a direct cash buyer, not a listing agent. You usually get a written cash offer within 24 hours, we close in 7 to 21 days through a licensed Florida title company, there are no commissions or fees, we pay standard closing costs, and you can sell as-is from anywhere. Call (239) 686-0823 or request a cash offer online.

This page is general information about Florida land, not legal or tax advice. For advice on your situation, talk to a Florida attorney or the title company handling your sale.

How does Florida treat land owned by several heirs?

When two or more people own land together without survivorship language, Florida treats them as tenants in common. Section 689.15, F.S., says survivorship in joint tenancy does not apply unless the deed expressly provides for it, and a conveyance or devise to two or more people creates a tenancy in common. Tenancy by the entirety between spouses is the main exception.

Each tenant in common owns an undivided share. Nobody owns a particular corner of the lot; everyone owns a fraction of the whole. Each owner can generally sell or deed their own fraction without the others, but a buyer who wants the entire parcel needs a deed from every owner, or a court order.

When the owner died and nothing was done

If the land is still titled in the name of someone who died, the heirs usually do not have recordable title yet. A Florida probate proceeding, or summary administration, is commonly how the title company sees who inherited and in what shares. Until then, the record shows a dead owner. For background, see selling inherited land in Florida and selling probate land.

Probate vs. summary administration for inherited land

Formal administration

In formal administration, the court appoints a personal representative. If the will gives a power of sale, or a general power to sell estate assets, the personal representative can sell real property without court approval (s. 733.613(2), F.S.). If there is no will, or the will gives no usable power of sale, the personal representative can still sell, but title does not pass until the court authorizes or confirms the sale (s. 733.613(1)). A buyer under either route takes free of estate creditors’ claims and beneficiaries’ interests, though existing mortgages and liens stay (s. 733.613(3)).

Summary administration

Summary administration is a shorter process. It is available when the estate subject to administration, less exempt property, does not exceed $75,000, or when the decedent has been dead for more than 2 years, and the will does not direct formal administration (s. 735.201, F.S.). The petition is generally signed and verified by the surviving spouse, if any, and the beneficiaries (s. 735.203). The court’s order assigns the property to the people entitled to it, and after 2 years from death, neither the estate nor recipients are liable for claims unless proceedings were already started (s. 735.206).

Summary administration does not end with a personal representative’s deed. The heirs who receive the land under the order usually sign the deed to the buyer together.

Situation	Who signs the deed	Court approval of sale
Formal probate, will grants power of sale	Personal representative	Not required (s. 733.613(2))
Formal probate, no will or no power of sale	Personal representative	Court must authorize or confirm (s. 733.613(1))
Summary administration completed	Heirs or beneficiaries named in the order	No separate sale approval; the order assigns the property
Heirs already on title as tenants in common	Every co-owner	Not required if all sign
Co-owners disagree	Court-ordered sale through partition	Yes, through ch. 64

Can you sell if not all the heirs agree?

You can sell your own share, but most buyers will not buy a fraction of a lot. When co-owners cannot agree, Florida law lets any co-owner ask a court to divide the land or order it sold. That is a partition action under Chapter 64, Florida Statutes.

General partition (Chapter 64, Part I)

Partition actions are heard in chancery, the court’s equity side (s. 64.011).
If the land cannot be divided without prejudice to the owners, the court may order it sold and the proceeds divided according to each owner’s share (s. 64.071).
Costs, including attorneys’ fees, are shared by the parties in proportion to their interests and can be paid from sale proceeds (s. 64.081).

Florida’s Uniform Partition of Heirs Property Act (Chapter 64, Part II)

Florida did adopt the Uniform Partition of Heirs Property Act. It is Part II of Chapter 64 (ss. 64.201 to 64.214), enacted by chapter 2020-55, Laws of Florida, and it applies to partition actions filed on or after July 1, 2020 (s. 64.203). It adds protections for families who inherited land together:

What counts as heirs property (s. 64.202). Land held by tenants in common with no agreement controlling partition, where at least one co-owner got title from a relative, and relatives hold at least 20 percent of the interests, or people who inherited from a relative hold at least 20 percent, or at least 20 percent of the co-owners are relatives.
Appraisal first (s. 64.206). The court generally orders a disinterested, Florida-licensed appraiser to set fair market value, unless the co-owners agree on a value. Parties get 30 days to object.
Buyout right (s. 64.207). Co-owners who did not ask for a sale can elect, within 45 days, to buy out the shares of those who did, at the appraised value times the share being bought.
Partition in kind preferred (s. 64.208). If any co-owner asks to physically divide the land, the court orders that unless it would prejudice the co-owners as a group. The court weighs factors in s. 64.209, including family ownership history, sentimental attachment and who paid taxes and insurance.
Open-market sale (s. 64.210). If the land is sold, the default is an open-market sale through a licensed broker at no less than the determined value, not a courthouse auction, unless sealed bids or an auction would be better for the co-owners.

Partition can take months and costs come out of the owners’ shares. Many families use it only after a negotiated sale fails.

How do out-of-state heirs sign?

Heirs do not have to travel to Florida to sign a deed.

Remote online notarization (Chapter 117, Part II)

An online notarization performed by a Florida online notary is valid whether or not the signer or witnesses are physically in Florida (s. 117.209, F.S.). The online notary must be physically in Florida (s. 117.265(1)).
The notary confirms identity by personal knowledge, or by remote presentation of a government ID, credential analysis of that ID, and identity proofing such as knowledge-based questions (s. 117.265(4)). The audio-video session is recorded.
Florida deeds still need two witnesses (s. 689.01). Witnesses can attend by audio-video technology under Chapter 117 (s. 689.01(2)). A remote witness must be a resident of, and physically located in, the United States or a U.S. territory (s. 117.285(4)).
Remote witnessing is not valid if the signer is a vulnerable adult as defined in s. 415.102 (s. 117.285).

Signing with a local notary

An heir can also sign in front of two witnesses and a notary in their home state. Florida accepts acknowledgments taken by notaries of other states, and for heirs abroad, by foreign notaries, U.S. consular officers and certain others (s. 695.03, F.S.). The title company usually sends a signing package with instructions.

Heirs who cannot be found

Missing heirs are a common reason a sale stalls. Options include a diligent search and service by publication in probate or partition. Under the heirs property act, if the land is divided in kind, the court can keep the shares of unlocatable co-owners together as undivided (s. 64.208(4)). An attorney handles these steps.

Selling as-is vs. fixing it first

Clearing heir title before listing means opening probate, collecting signatures, and possibly filing partition. Listing agents and retail buyers often want that done before they will commit. Selling to a cash buyer lets the title company work through the heir issues as part of the closing, with you and the other owners signing once the path is clear. Compare options in our guide to cash buyer vs. listing vs. tax deed, and see how proceeds split with our land sale proceeds calculator.

How we buy land owned by multiple heirs

Send the address or parcel ID and a list of the owners or heirs you know about.
Get a written cash offer, usually within 24 hours, for the whole parcel.
A licensed Florida title company opens title, determines what probate, summary administration or heir documents are needed, and coordinates signatures, including remote online signing.
Close in 7 to 21 days once the title company is ready, with proceeds split among the owners as the closing statement shows.

We cannot make an heir sign or promise how a court will rule. The title company reviews the file and we make an offer on the land as it stands. If title has other defects, see selling land with title problems; if back taxes are piling up, see selling land with back taxes and tax deed land.

Where to Look This Up

County property appraiser: who is shown as owner, the parcel ID and the mailing address on the tax bill.
County Clerk of Court official records: the vesting deed, any deeds between heirs, and recorded probate orders.
County Clerk probate records: whether a probate or summary administration case was ever opened for the deceased owner.
County tax collector: whether taxes are delinquent or a tax certificate has been sold.
Florida Statutes: Chapter 64 (partition) on flsenate.gov.

Find your county’s official sites on our find your county page, and use the Florida land due diligence checklist. For a value estimate to share with the family, see what’s my lot worth.

Multiple Heirs Land FAQs

Who buys land owned by multiple heirs in Florida?

SWFL Land (Libera Capital Group LLC) buys heir-owned and co-owned land in all 67 Florida counties, as-is, for cash. Call 239-686-0823 or email info@swflland.com for a written offer, usually within 24 hours.

Do all heirs have to agree to sell inherited land in Florida?

To sell the whole parcel without a court, generally yes, every co-owner signs. A personal representative with a power of sale, or with court approval, can sell estate land during probate. Otherwise, a partition action can lead to a court-ordered sale.

Has Florida adopted the Uniform Partition of Heirs Property Act?

Yes. It is Part II of Chapter 64, Florida Statutes (ss. 64.201 to 64.214), and it applies to partition actions filed on or after July 1, 2020.

Can one heir sell their share without the others?

Generally yes, a tenant in common can deed their own undivided share. The buyer then becomes a co-owner with the remaining heirs, which is why most buyers want the whole parcel.

Do we need probate to sell inherited land?

Usually some court process is needed if the land is still in the deceased owner’s name. Summary administration may be available if the estate is $75,000 or less, excluding exempt property, or the owner died more than 2 years ago (s. 735.201).

Can an heir in another state or country sign remotely?

Yes. Florida online notarization works for signers outside Florida, and remote witnesses must be located in the U.S. or a U.S. territory. Heirs can also sign before a local notary and two witnesses where they live.

What if one heir cannot be found?

The title company and an attorney can use probate or partition procedures, including service by publication, to deal with a missing heir. It adds time, and the outcome depends on the court.

How are sale proceeds split among heirs?

By each owner’s share as shown in the probate order or deeds, after payoffs such as taxes and liens. The title company shows each person’s amount on the closing statement.

Ready to Sell?

If your family owns Florida land together and wants a clean exit, call (239) 686-0823 or request a cash offer online. We work with every heir, wherever they live, through a licensed Florida title company.