Detailed Answer — key steps and legal routes under Idaho law

When co-owners want (or need) to sell real property in Idaho to pay funeral expenses and property taxes, the correct path depends on who legally owns the property and whether an owner has died. Below are the main scenarios and practical steps you can take.

1) First: identify how title is held

Ask for the current deed or obtain a title report. Owners commonly hold property as:

• Joint tenants with right of survivorship — the surviving owner(s) usually become sole owner(s) automatically when one owner dies.
• Tenants in common — each owner has a separate share that passes according to their will or intestacy rules when they die.
• Title in one owner’s name — then different rules apply (probate or small estate procedures).

2) If all living co-owners agree to sell

Agreement by all owners is the simplest route:

1. Get a current title search and an appraisal to set a realistic sale price.
2. Select a real estate agent or sell privately. All owners sign the listing and closing documents required by escrow/title company.
3. At closing, liens (including property tax liens) are paid from sale proceeds first, and remaining proceeds are distributed according to ownership shares or a written agreement.
4. Use the net proceeds to pay funeral expenses and any remaining debts. If funeral expenses are not paid from the estate by statute or agreement, co-owners should document distributions and payments.

3) If one co-owner died and the title was in that person alone

If the decedent was the sole owner, the property usually must pass through probate or a small‑estate process before you can legally sell the property.

• Probate: Open an estate in the Idaho district court to appoint a personal representative. The personal representative can sell estate property under court authority to pay debts and expenses. See Idaho probate laws (Title 15) for administration rules: Idaho Code Title 15 (Probate).
• Small estate options: Idaho provides simplified procedures in limited situations (small estate affidavit or other nonprobate transfers). Check the Idaho probate provisions in Title 15 and consult the court clerk or a lawyer to see whether you qualify.

4) If one co-owner died but the property is held as tenants in common

The decedent’s share passes to heirs or beneficiaries (through a will or by intestacy). Those heirs become co-owners. If the group cannot agree to sell, the common remedy is a partition action.

A partition action is a court process that forces sale or physical division of the property. In practice, courts often order a sale and distribute proceeds among owners after paying liens and allowable costs. Partition is a local civil action — see Idaho civil procedures and remedies for actions affecting real property: Idaho Code Title 6.

5) If co-owners disagree about selling — partition actions and buyouts

When co-owners cannot agree, common options are:

• Negotiate a buyout: One co-owner pays the others for their shares (often based on an appraisal).
• Partition action in court: A co-owner files a civil action asking the court to divide or sell the property and allocate proceeds. Courts may order a sale and handle the distribution of proceeds and payment of liens and costs.

6) How liens, property taxes, and funeral bills are handled at sale

Property taxes are usually secured by a lien on the property. At sale, tax liens and certain recorded liens are typically paid first out of sale proceeds at closing. Funeral expenses are generally unsecured debts unless a funeral home placed a lien or is a creditor of the decedent’s estate. If funeral bills were paid from one co-owner’s personal funds, the payer should document the payments and seek reimbursement from proceeds.

7) Practical steps checklist

1. Confirm ownership from the deed and obtain a certified copy of a death certificate if applicable.
2. Ask for any wills, trust documents, or transfer-on-death deeds.
3. Get a title search and an appraisal.
4. Talk to co-owners about selling, buyout, or paying funeral/property expenses from proceeds.
5. If agreement fails, consider mediation or filing a partition action in district court.
6. If the property is part of a decedent’s estate, follow Idaho probate procedures before sale (see Title 15): https://legislature.idaho.gov/statutesrules/idstatutesrules/title15/.
7. At closing, confirm that property taxes and recorded liens are paid and that the sale distributes net proceeds according to the owners’ shares or court order.

8) Where to get forms and local help

Use the Idaho courts’ self-help resources to find basic information on probate and civil filings: Idaho Courts Self-Help. For tax-related questions and local assessor contacts, use the Idaho State Tax Commission: https://tax.idaho.gov/.

Helpful Hints

• Start by getting a certified copy of the deed and, if applicable, the death certificate. Accurate documents speed every step.
• Get a title report early. It reveals liens, mortgages, and easements that affect sale proceeds.
• If the property has unpaid taxes, contact the county assessor or treasurer to learn exactly what is owed and whether penalties attach. Property tax liens usually must be paid at closing.
• Document funeral payments. Keep receipts and contracts so you can seek reimbursement from estate proceeds or co-owners.
• Consider mediation before filing a partition action. Mediation costs less and can preserve relationships among heirs/co-owners.
• Consult a probate or real estate attorney if the title is unclear, if disagreements arise, or if the estate’s assets exceed small‑estate thresholds. A lawyer can advise whether probate, a small‑estate procedure, or a partition action is required.
• Be aware of deadlines. If you are dealing with creditors or probate filings, Idaho law sets timelines that may affect your rights. Check Title 15 for probate deadlines: https://legislature.idaho.gov/statutesrules/idstatutesrules/title15/.