Detailed answer — your options under Arizona law
Short answer: if an heir who lives in an inherited property refuses to move or to sell their share, you generally cannot forcibly evict a co‑owner who holds legal title. In Arizona your main legal remedy is a partition action (asking a court to divide or sell the property), or, depending on the facts, other court remedies (an accounting for use and occupation, injunctions, or ejectment if the occupant has no ownership right). Which path applies depends on whether title has passed, who holds legal ownership, and whether the occupant is a co‑owner, a tenant, or a non‑owner.
Step 1 — confirm legal ownership and probate status
Before taking any legal step, find out whether title to the property has already transferred from the decedent to heirs. If the estate is still in probate, the personal representative controls the asset until the court closes probate; heirs may not yet have legal title. If probate has closed and title is in the heirs’ names (jointly or as tenants in common), each heir owns an undivided interest in the whole property.
Relevant Arizona statutes on probate and transfer: see Arizona Revised Statutes, Title 14 (Probate) for rules on administration and distribution: https://www.azleg.gov/arsDetail/?title=14
Co‑owner occupying the property
If the occupant is an owner (for example, the decedent left the property to multiple heirs who now jointly own it), the occupant usually has the right to live there until a court orders otherwise. A co‑owner cannot simply be evicted like a tenant. Your principal court remedy is a partition action under Arizona civil procedure, which asks the court to either physically divide the property (partition in kind) or order a sale with proceeds divided according to ownership interests (partition by sale).
Arizona partition law is handled in the civil courts; see Title 12 (Civil Procedure) for statutory framework and local court rules that govern partition actions: https://www.azleg.gov/arsDetail/?title=12
What to expect from a partition action:
- The court first considers whether partition in kind is practical. For a single-family house on one lot, the court commonly orders a sale rather than a physical split.
- If the court orders a sale, it will appoint a referee or marshal to sell the property and will divide the net proceeds according to the owners’ shares (after paying liens, expenses, and possibly an allowance for occupation or waste).
- The court can also award contributions for necessary expenses such as property taxes, mortgage payments, insurance, and repairs. The occupying co‑owner may be required to account for rent or the fair rental value of the property to co‑owners who were excluded from possession.
If the occupant is not a co‑owner (tenant or trespasser)
If title is in someone else (for example, the estate or a single heir) and the occupant is a non‑owner, you may have remedies like issuing a written demand to vacate and, if they refuse, filing an eviction/forcible detainer action in the proper justice or superior court. The rules differ depending on whether a tenancy exists and on the probate status.
Arizona property law and forcible detainer/eviction procedures are governed by statutes and local court rules; see Title 33 (Property) and relevant court procedures: https://www.azleg.gov/arsDetail/?title=33
Other remedies the court may order
- Accounting for use and occupation: a co‑owner who occupied the property exclusively may be ordered to pay the reasonable rental value (or be credited for necessary expenses they paid) to the other owners.
- Injunctions or temporary orders: if the occupant threatens to damage the property or remove assets, you can ask the court for emergency relief to prevent waste.
- Buyout negotiations: parties often avoid litigation by negotiating a buyout—the non‑occupying owners pay the occupant fair market value for their share. A written buyout agreement resolves title and possession issues.
Practical points about costs, timing, and risks
- Partition litigation can take many months and can be costly (attorney fees, court costs, sale expenses, appraisals). Courts generally split sale costs from the sale proceeds but do not guarantee a quick resolution.
- A forced sale can produce less money than a voluntary sale because of court costs and timing; consider mediation or a private buyout first.
- If the occupying co‑owner has contributed to mortgage, taxes, or improvements, the court may credit them; if they caused damage, the court may award offsetting damages.
Next steps to consider
- Obtain a copy of the deed and probate records to confirm who holds title.
- Send a clear written demand (keep copies) asking the occupant to vacate or accept an offer to buy their interest.
- Attempt mediation or negotiated buyout before filing suit—court costs and timelines favor settlement if possible.
- If negotiation fails, consult an Arizona real estate or probate attorney to evaluate filing a partition action, an eviction (if the occupant lacks ownership), or other relief.
Because outcomes depend on facts (ownership form, probate status, existing mortgages or liens, and whether the occupant paid for upkeep), legal advice tailored to your circumstances is critical.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney‑client relationship. For advice about your situation, consult a licensed Arizona attorney.
Helpful hints — quick practical checklist
- Check title and probate records first: know who officially owns the property.
- Document everything: communications, payments, improvements, and expenses related to the property.
- Offer a buyout before suing: voluntary sales save time and money.
- Consider mediation: courts often encourage alternative dispute resolution for partition disputes.
- Be realistic about time and cost: partition and probate matters can be slow and expensive.
- Keep the property insured and current on mortgage and tax payments to avoid liens or foreclosure.
- Ask about accounting: you may be entitled to reimbursement for your proportionate share of expenses or to collect rent from an occupying co‑owner.
- Talk to both a probate attorney (if estate matters remain open) and a real estate litigator (for partition or eviction options).