Can an heir who lives in inherited property refuse to move or block a sale? What you should know

Short answer: In Alaska, an heir who owns a share of inherited real property generally has a right to possess the property, but co-owners also have legal remedies. If the occupant refuses to leave or to agree to a sale, you can demand a buyout, try mediation, or file a court action (usually a partition action) to force a division or sale. The court can order sale, division, payment of rent, or removal in certain circumstances.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For guidance about your specific situation, consult a licensed Alaska attorney.

Detailed answer — how Alaska law treats heirs who occupy inherited property

1. Who owns the property and what that means for possession

When someone dies, property can pass in different ways: by a deed, by probate under a will or by intestacy (no will), or by transfer outside probate (e.g., joint tenancy, transfer-on-death deed). Ownership type affects remedies.

• If the property passed into the heirs’ names and multiple heirs own it together (tenants in common), each co-owner generally has an equal right to possess the entire property. One co-owner cannot lawfully exclude another co-owner from the property.
• If the occupant is not an owner (for example, they are a mere tenant with no title), you may have an unlawful detainer or ejectment claim against them.
• If the estate still controls the property (probate ongoing and the estate’s personal representative manages property), the personal representative has authority under Alaska probate law to manage estate property, including possibly hiring contractors, collecting rent, and taking steps toward sale when appropriate. See Alaska Statutes, Title 13 (Probate) for the duties and powers of personal representatives: https://www.akleg.gov/basis/statutes.php?title=13.

2. Common legal remedies when a co‑owner or heir won’t move or agree to sell

Below are the main legal options available in Alaska.

1. Negotiation and buyout. Offer the occupant cash for their share or buy their interest. A written offer and appraisal help. A voluntary buyout is usually the fastest and cheapest option.
2. Mediation or alternative dispute resolution. Courts often encourage parties to try mediation before a contested hearing. Mediation can resolve disputes about price, timing, or occupancy terms.
3. Partition action (court-ordered division or sale). If co-owners cannot agree, Alaska law allows a lawsuit to partition property owned by multiple people. A partition action asks the superior court to either divide the land physically (partition in kind) or, if division is impractical, order a sale and divide the proceeds among owners after expenses. Partition actions are the standard remedy when co-owners disagree. (For general state statutes on civil and property actions, see Alaska Statutes, Title 09: https://www.akleg.gov/basis/statutes.php?title=09.)
4. Request appointment of a receiver or order for rent. In some cases, a court can appoint a receiver to manage the property, collect rent, and preserve value. The court may also order the occupying heir to pay reasonable rental value for the time they occupied the property while the dispute is resolved.
5. Unlawful detainer or ejectment. If the occupant has no legal right to be there (they aren’t an owner and have no lease or permission), you may bring an unlawful detainer or ejectment action to remove them.
6. Injunctions or actions for waste. If the occupant damages the property or commits waste (removing valuable fixtures, damaging the structure, etc.), you can ask the court for immediate injunctive relief and damages.

3. What happens in a partition action?

While specifics vary, typical outcomes include:

• Partition in kind — dividing the land physically among co-owners, if feasible.
• Partition by sale — ordering a public or private sale if the property cannot be fairly divided; proceeds are split according to ownership shares after liens, costs, and fees.
• Allocation of costs — the court can require the occupying co-owner to pay rent or a portion of sale costs, and can adjust distributions to account for improvements or waste.

Courts balance fairness: an occupying heir who benefited from use may owe rent or have their distribution adjusted. The court may also award attorney fees in some circumstances.

4. Practical steps to take right now

1. Identify ownership: pull the deed, probate filings, or title report to confirm who owns the property and in what form.
2. Send a clear written demand: state your request (move out, accept buyout offer, or agree to sale) and give a deadline. Keep copies.
3. Get a professional valuation or appraisal to support a buyout offer or to prepare for partition sale.
4. Try mediation: propose mediation to split costs and seek a negotiated outcome.
5. If negotiation fails, consult an Alaska attorney experienced in probate, real estate, or civil litigation to evaluate filing a partition, ejectment, or other appropriate action.

5. Timing, costs, and likely timeline

Litigation (partition actions) can take months to over a year, depending on complexity, title issues, and court schedules. Expect court, appraisal, and title costs; attorney fees can be significant. A negotiated buyout or mediation can be far quicker and cheaper.

6. Special issues to watch for in Alaska

• If the property lies within Native allotment, tribal, or ANCSA lands, other rules may apply — check title issues carefully.
• Outstanding mortgages, liens, or taxes must be resolved in any sale. Liens generally come off sale proceeds in order of priority.
• Probate complications: if the estate hasn’t closed, the personal representative must follow statutory duties under Alaska probate law when managing or selling estate property. See Alaska Statutes, Title 13: https://www.akleg.gov/basis/statutes.php?title=13.

Helpful Hints

• Document everything. Keep written communications, photos of the property, receipts for repairs, and copies of title or probate documents.
• Get an appraisal early. A neutral market valuation strengthens buyout offers and partition filings.
• Consider a licensed mediator. Mediation may produce a binding settlement quicker than court and save money.
• Be cautious about self-help evictions. Trying to force someone out yourself (changing locks, removing belongings) can create criminal or civil liability. Use court process instead.
• Ask about rent. If the occupant benefits from living there, the court may award rent or offset distributions; seek records of fair market rent to support your claim.
• Consult an Alaska attorney early. Ownership, title, probate status, and any liens materially affect which remedy will work best and how expensive it will be.

Where to look in Alaska law

For general statutes on probate and fiduciary duties, see Alaska Statutes, Title 13 (Probate, trusts, and fiduciaries): https://www.akleg.gov/basis/statutes.php?title=13.

For statutes covering civil remedies and property actions, search Alaska Statutes, Title 09: https://www.akleg.gov/basis/statutes.php?title=09. Partition actions and related procedure are part of the civil code and court rules administered by the Alaska Superior Court.

Next steps

If you want to move forward:

1. Gather all documents (deed, will, probate paperwork, mortgage statements).
2. Consider a neutral appraisal and a meeting with the occupant to explore buyout or mediation.
3. If those fail, contact a licensed Alaska attorney who handles probate, real estate, or partition actions to evaluate filing a partition or other court remedy.