Can Heirs Divide or Force the Sale of Co-Owned Farmland in Pennsylvania When They Can’t Agree? | Pennsylvania Probate | FastCounsel
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Can Heirs Divide or Force the Sale of Co-Owned Farmland in Pennsylvania When They Can’t Agree?

What options do I have to divide or force the sale of co-owned farmland when heirs can’t agree? - Pennsylvania

The Short Answer

In Pennsylvania, when heirs end up co-owning farmland and can’t agree on what to do with it, there are usually two practical legal paths: (1) a court-supervised sale during estate administration (if the property is still part of an estate), or (2) a court case to resolve ownership and/or force a sale when co-owners are deadlocked.

Which option applies depends heavily on how title is held (estate vs. heirs individually), whether there is a will, and whether there are other interests that affect marketability (like future interests or missing/uncooperative owners).

Why You Should Speak with an Attorney

Even though “forcing a sale” sounds straightforward, inherited farmland disputes often turn into high-stakes litigation because the outcome depends on title status, estate posture, and competing financial goals. Legal outcomes often depend on:

  • Which court has the right tool: If the land is still in an open estate, an Orphans’ Court sale under 20 Pa.C.S. § 3353 may be the cleanest route; if the estate is closed and heirs hold title as co-owners, a different type of court action may be required.
  • Burden of proof and valuation disputes: Co-owners often disagree about fair price, whether a buyout is appropriate, whether the land can be divided, and whether a proposed deal is truly in everyone’s best interest.
  • Exceptions and “deal-breakers” unique to farmland: Leases, conservation restrictions, access issues, and tax consequences can change the economics of selling versus keeping the property. Farmland can also raise unique inheritance-tax valuation and “change of use” concerns that should be evaluated before any transfer or sale decision is locked in.

Trying to push a sale (or stop one) without counsel can lead to avoidable delays, a lower sale price, or an order that doesn’t actually solve the ownership problem. A Pennsylvania probate attorney can evaluate whether the property should be sold through the estate, whether a judicial sale is strategically important, and how to protect your share of the value.

If you want more background reading, these may help: How Does a Partition Action Work in Pennsylvania (Especially for Inherited Property)? and Can heirs force the sale of inherited real estate in Pennsylvania if a co-owner refuses to cooperate?.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.