Can I Sell a Probate Property with a Co-Tenant in California?

Yes, you can sell a probate property with a co-tenant in California—but both parties must agree to the sale unless the court intervenes. If the co-tenant refuses, the executor or administrator may need to file a partition action or request court instructions to move forward.

What Happens When a Probate Property Has a Co-Tenant?

Co-tenancy in probate usually arises when:

• The deceased person co-owned property with another person (spouse, sibling, friend, etc.)

• The title was held as tenants in common or joint tenants

• One owner has passed away and their share is now subject to probate

If you’re the executor or heir of the deceased’s estate, you don’t automatically control the entire property—only the portion that belonged to the decedent. The co-tenant still has legal rights over their share.

Do I Need the Co-Tenant’s Permission to Sell the Property?

Yes. In California, all owners must agree to sell jointly owned real estate. That includes any living co-tenant. Without their written consent, you cannot proceed with a voluntary sale—even if you're the executor or administrator of the estate.

Common scenarios:

• If both owners are heirs: they must agree.

• If one owner passed away and the other is unrelated: the executor only controls the deceased’s portion.

• If it was joint tenancy with right of survivorship: the surviving co-tenant usually inherits full ownership outside of probate.

What If the Co-Tenant Doesn’t Want to Sell?

You still have options. Here’s what can happen in California:

1. Negotiate a Buyout

If the co-tenant wants to keep the property, they can buy out the estate’s interest (based on a fair market appraisal).

2. File a Partition Action

If negotiations fail, the estate can file a partition lawsuit. This asks the court to force the sale of the property and divide the proceeds. However, this can be expensive and time-consuming.

3. Request Court Instructions (During Probate)

If you're the administrator and believe selling is in the estate’s best interest, you can petition the probate court for instructions or approval to list the home.

How Do I Determine the Deceased’s Ownership Share?

This depends on how the title was held:

Title Type Probate Needed? Who Owns What?

Joint Tenancy No Surviving owner inherits 100%

Tenants in Common Yes Deceased’s share goes through probate

Community Property Yes (unless in trust) Surviving spouse may retain 50% or more

Check the grant deed or preliminary title report to confirm title type.

Can the Probate Court Force a Sale?

Yes, if the estate needs liquidity to pay debts, taxes, or distribute inheritance fairly, the court can authorize the sale—even if the co-tenant disagrees. However, this typically only applies to the deceased’s interest unless a partition action is filed.

Do I Need a Probate Realtor for This?

Absolutely. Selling a probate property with a co-tenant adds complexity. A probate-certified real estate team can:

• Coordinate with the co-tenant and their attorney

• Handle partition proceedings (if necessary)

• Prepare the home for sale to maximize value

• Ensure court compliance and proper title transfer

👉 Contact The Borges Real Estate Team — we’re experts in co-ownership probate sales across California, especially in Los Angeles and Orange County.

How Long Does It Take to Sell When a Co-Tenant Is Involved?

It depends on whether the co-tenant agrees:

• If they agree: Typical sale timeline (60–90 days)

• If they delay or contest: 6–12+ months (if court actions are needed)

Having legal counsel and a skilled probate realtor from the start can drastically reduce delays.

Los Angeles + Orange County Tip: Co-Tenant Sales Are on the Rise

In high-value probate markets like Pasadena, Downey, or Fullerton, it’s common for siblings or cousins to inherit fractional ownership of property. We often help families resolve disputes, arrange fair buyouts, or successfully sell homes with multiple parties involved—even when opinions clash.

Final Word: Selling a Probate Home with a Co-Tenant Is Possible

But it’s not always simple. The key is understanding the type of co-ownership, having everyone aligned (or legally guided), and working with experts who’ve navigated these challenges before.

Need Help with a Co-Owned Probate Property?

Whether you’re navigating a delicate family situation or a complex legal challenge, we’re here to help. Our team has successfully closed dozens of probate sales involving co-tenants in LA, Pasadena, and Orange County.

👉 Get in touch for no-pressure guidance