Selling a Co-Owned Property in Florida to Cover Funeral and Property Tax Expenses — FAQ | Florida Partition Actions

FAQ: Selling a co-owned property in Florida to pay funeral and property tax expenses

Detailed answer

This guide explains the common paths and legal steps people use in Florida when a co-owned house must be sold to cover funeral costs and unpaid property taxes. It assumes you start with no legal background and uses a few simple hypothetical facts to make the options concrete.

Hypothetical facts to illustrate

Two siblings own a house as tenants in common. A parent who lived there passed away. Funeral bills need payment and the county shows delinquent property taxes. The siblings disagree about whether to sell. Which steps can they take under Florida law?

1) Verify ownership and title

First, obtain a copy of the deed at the county recorder/registrar’s office or online. The deed tells you whether the owners hold the property as tenants in common, joint tenants with rights of survivorship, or (if the owners are married) tenancy by the entirety. Ownership type controls how an interest passes on death and who can force a sale.

Why it matters

Tenants in common: each owner has a transferable share; an individual owner (or their heirs) can be compelled to sell via a partition action.
Joint tenants with right of survivorship: the surviving joint tenant typically inherits the decedent’s share automatically.
Tenancy by the entirety (married couples in Florida): the property generally cannot be partitioned or sold by one spouse alone.

For a plain-language overview of partition actions, see Florida Statutes, Chapter 64 (Partition of Real Property): flsenate.gov — Ch. 64.

2) If an owner died, check probate and estate obligations

If a co-owner died and their share is part of their estate, the estate’s personal representative (executor) has authority to manage estate assets, pay funeral expenses, and may sell estate property if the will or court authorizes it. Florida probate rules and administration procedures appear in Chapter 733 and surrounding chapters of the Florida Statutes: flsenate.gov — Ch. 733.

3) Funeral expenses: how they are typically treated

Funeral bills are usually treated as administrative expenses of the decedent’s estate. The personal representative should pay them from estate assets in priority before distributing inheritances, if estate funds exist. If there are insufficient estate funds, family members sometimes pay funeral costs and later seek reimbursement from the estate.

4) Property tax concerns and urgent deadlines

Delinquent property taxes create serious deadlines. Florida law provides a statutory process for tax certificate sales and then tax deed sales if taxes remain unpaid. If the property is close to a tax deed sale, you should contact the county tax collector immediately to learn redemption deadlines and amounts due. For state rules on tax collections and procedures, see Chapter 197: flsenate.gov — Ch. 197.

5) Options to sell or otherwise resolve the situation

Here are the typical routes in Florida:

Voluntary sale by agreement — Co-owners agree to list and sell the property, pay outstanding taxes and funeral bills from sale proceeds, and split the remainder according to ownership shares.
One co-owner buys out the others — A co-owner can offer to purchase the other owners’ shares. That often avoids court and speeds resolution.
Probate sale — If the decedent’s share is estate property, the personal representative may seek court approval to sell the property to pay debts (including funeral costs). Probate court procedures control the sale and distribution.
Partition action (forced sale) — If co-owners disagree, any co-owner (or a creditor holding a lien on a co-owner’s interest) can file a partition action in the circuit court under Florida’s partition statutes (Chapter 64). The court can order the property divided when physically possible or order it sold and proceeds divided after paying liens and expenses. See Florida Statutes, Chapter 64: flsenate.gov — Ch. 64.

6) How proceeds are distributed

After sale, secured liens (mortgages, tax liens) and approved estate administration expenses (including valid funeral claims where allowed) are paid first. Remaining funds divide according to ownership shares or court order. If a court orders partition sale, it supervises payment of liens and distribution of net proceeds.

7) Practical step-by-step checklist

Get a certified copy of the deed and death certificate (if applicable).
Confirm ownership type and whether the property is homestead — Florida has strong homestead protections that may limit forced sale in some cases (consult an attorney if homestead is in question).
Contact the county tax collector to learn exact tax amounts and deadlines; pay or arrange redemption if a sale is imminent. See Chapter 197: flsenate.gov — Ch. 197.
If the decedent’s estate exists, contact the personal representative or open probate so the estate can address funeral bills and debts. See probate statutes: flsenate.gov — Ch. 733.
Try to negotiate a voluntary sale or buyout among co-owners to avoid litigation.
If negotiation fails and you need a forced resolution, consult a real estate or probate attorney about filing a partition action under Chapter 64: flsenate.gov — Ch. 64.
Hire a title company or attorney to clear liens and handle closing so sale proceeds can pay debts and be distributed correctly.

When speed matters

If taxes are delinquent or a tax deed sale notices exist, act immediately. Contact the county tax collector first, and talk to an attorney the same day if the tax sale date is near.

When a creditor or funeral home seeks payment

If a funeral home or another creditor seeks payment, they generally have a creditor claim against the decedent’s estate. If estate assets are insufficient, the county tax collection process does not stop: property tax liens remain a first concern if you want to prevent tax-sale consequences.

When you should get a lawyer

Talk with a Florida real estate or probate attorney if any of these apply:

Co-owners dispute whether to sell.
Homestead or tenancy-by-the-entirety issues may prevent sale.
Taxes are delinquent and a tax sale is imminent.
There are creditors asserting claims (funeral homes, lenders).
You need to file a partition action or probate petition.

An attorney can check the deed, identify liens, prepare buyout or sale documents, represent you in partition or probate court, and coordinate with title companies.

Helpful Hints

Act early on delinquent taxes — county tax collectors publish sales and redemption amounts. Quick contact can prevent auction loss.
Confirm whether the property is homestead. If it is, the rules about forced sale and creditor claims differ in Florida.
Keep funeral receipts and any communications from creditors; they help establish valid estate claims.
If possible, resolve disputes by mediation or agreement — it saves time and legal fees.
Use a title company to check for hidden liens (mortgages, HOA liens, judgment liens) before listing the property.
If a co-owner died, identify the personal representative and get probate started so estate creditors (including funeral homes) have a clear process.
Document all offers, agreements, and payments in writing and keep a complete paper trail for closing and distribution of sale proceeds.
Ask the county tax collector for an itemized payoff amount — that is the exact figure needed to stop a tax-sale process.

Disclaimer: This article explains general legal principles under Florida law to help you understand options. It is not legal advice. For advice specific to your facts, contact a licensed Florida attorney.