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My grandfather passed away and left his land to his 5 children. Listed as Christie’s heirs. There is 48 acres each child is to end up with 7-8 acres but it has never been divided or surveyed out. My sister is hiring a lawyer to start probate and she said that would have to be done before any of it can be sold. What does that mean? And what if I do not want to sell the land? Also, what if I want all of the land like to buy it?
Asked on July 9, 2019 under Estate Planning, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
1) The land is not yours until it is probated. Probate is the process of, among other things, legally distributing the inheritance to the will's beneficiary's and transferring title to them.
2) If the land can be meaningfully/practically divided into separte parcels, you can insist on keeping your 9 - 10 acres (9 - 10, not 7 - 8; 48 divided by 5 = 9.6). But if it cannot be, due to its layout, location, etc. practically divided, the executor can sell the land and distribute the money.
3) You can offer to buy the land from the estate, through the executor (who manages the estate) but cannot force the sale--all you can do is offer.