Partition of an Inherited Home after Probate

Once the property from an estate transfers to the heir, it could then face partitioning from siblings or other possible dependents of the estate. The processes that happen after probate could complicate the property use and lead to disputes that end in the sale of an entire lot of land so that everyone involved has a share.

Property that must go through probate processes is part of an inheritance within an estate when it passes on to the heirs. Sometimes, a different procedure may pass on the estate assets, but when a will or no legal document exists, the heirs will receive property and estate holdings through the courts. If the state requires a certain person to inherit based on who is alive after the estate owner dies, disputes often arise once the property awards push through. Then, the inherited home may need to divide through partitions for the different affected individuals from the estate or family.
What Is a Partition?
After the probate completes and the heir receives the home, other connected parties may fight over the property. When this occurs, and a valid legal claim exists for the others, the courts may partition or force the individuals to partition the land or building. This would cause the home to become split into pieces, or the heir may need to sell the whole home and split the proceeds. Each valid party involved in the dispute would receive an equal or partial portion of the partitioned whole. Usually, these processes occur with land. However, when a building resides on the land, it is either sold or split so that part goes to one party and the other remains with the original person attached.

Probate and Inherited Property
Estate owners may have documentation to provide for his or her heirs. Through a will or other legal paperwork, the estate owner may ensure that the property passes to the heir appropriately and legally. Once the probate courts tie up the land or home, the heir needs to wait several months or years until the matter clears and the building or acres are free to live on and move in. At the point that probate finishes, the person will inherit the property and have all rights and privileges that come with it. It is then that he or she may need to think about others that may have a hold on the inheritance.

When more than one heir exists, the primary property or residence of the estate owner may only pass to one person. The others could inherit different holdings or assets. Sometimes, if the heirs are close, the property may remain in both names. However, when disputes transpire between these individuals, they may seek a judgment through the courts. The state judge will then render a decision on the circumstances, and a partition could become the solution. By dividing the equity in a house, sectioning off a larger manor or cutting up the tract of land, all parties may receive satisfaction in the dispute.
The Complication with Partitions
When the property is a home, partitioning the land or building may represent a problem when it cannot divide equally or evenly. This could lead to the heir selling the property to ensure all other interested parties receive their share per the ruling from the courts. If the courts do not rule in favor of other potential heirs, the person that received the house may still partition the property to ensure that his or her family still receives an appropriate share of the inheritance. This may require selling some of the land or separating the family members in the house. If the home has enough space, they may all live without conflict inside.

When no peaceful resolution is available, the heir may need to put the property up for sale. He or she may seek to build or buy a new home from the proceeds. However, it is important to consult with a lawyer before finalizing any sale. The family’s hold on the building may have a weak claim, and if the heir wants to fight the partitioning, he or she may need to take siblings or other family members to court.
Legal Support in Partition after Probate
Difficulty may lie in the partitioning after the heir has already waited through probate to accept the house. Fighting or proceeding with the action may require the services of a lawyer. Through legal representation, he or she may progress through the action legitimately.