Disputes over inherited property are all too common—especially when multiple heirs inherit a home together and cannot agree on what to do with it. One wants to sell, another wants to live there, and a third simply ignores all communication. When these deadlocks occur, RPAPL § 993 offers a legal remedy designed specifically for heirs and family members.
This statute—known as the Uniform Partition of Heirs Property Act—provides enhanced protections for heirs in disputes over inherited residential real property, and helps avoid unfair or below-market forced sales.
Why Would You File an RPAPL § 993 Proceeding?
You would file a proceeding under RPAPL § 993 when:
- You jointly own inherited property with other heirs or relatives;
- There is no written agreement about how to manage or dispose of the property;
- There is disagreement about whether to keep or sell the property;
- A third-party investor has acquired an interest and seeks a forced sale;
- You want a structured, court-supervised resolution—including a chance to buy out other owners at a fair price;
- Or you need to compel the sale of the property on the open market rather than at a court auction.
What Happens After You File an RPAPL § 993 Proceeding?
Once a petition is filed in New York Supreme Court, the following steps occur:
1. Court Determines Whether the Property Qualifies as “Heirs Property”
The court confirms that:
- The property is owned by two or more individuals as tenants in common;
- At least one person inherited their interest from a relative;
- No written agreement governs how the property should be partitioned or sold.
If so, RPAPL § 993 protections apply.
2. Appraisal Ordered by Court
The court appoints a licensed, disinterested appraiser to determine the fair market value of the entire property.
3. Opportunity to Object or Accept Appraised Value
Co-owners have 30 days to object to the appraisal. If no objections are made, the appraised value is deemed accepted. If objections are made, a hearing is scheduled.
4. Right of First Refusal (Buyout Option)
Co-tenants (other than the petitioner) have 45 days to elect to buy out the petitioner’s interest at the court-determined value. If multiple co-tenants want to buy, they split the interest proportionally. They then have 60 days to complete the purchase.
5. Partition in Kind or Open-Market Sale
If no buyout occurs, the court must determine whether the property can be fairly divided among the owners (partition in kind). If not, it orders a sale on the open market, with a real estate broker—not a public auction.
What If an Executor or Administrator Is Blocking the Sale?
In many cases, real property remains titled in the name of a deceased relative, and is therefore part of the estate. If the estate’s executor or administrator:
- Refuses to cooperate with the RPAPL § 993 process;
- Fails to list or sell the property despite beneficiary requests;
- Or uses their fiduciary position to delay or frustrate efforts to reach a resolution,
you may need to take additional legal action.
Specifically, you may need to:
File a petition in Surrogate’s Court to remove or compel the estate fiduciary under SCPA §§ 711 or 719 for failure to act, waste of estate assets, or breach of fiduciary duty.
At RK Law PC, we often pursue parallel strategies—filing an RPAPL § 993 action in Supreme Court while also petitioning Surrogate’s Court to replace an uncooperative executor or administrator, so the property can be sold, and the estate closed.
Why Choose RPAPL § 993 Over Traditional Partition Actions?
Traditional partition actions (RPAPL § 901) often result in court-ordered auctions, which yield below-market prices. RPAPL § 993 offers:
- A court-supervised appraisal process;
- A buyout opportunity for heirs;
- A structured, market-based sale (not auction);
- Family-focused protections against predatory sales tactics.
Real-World Example
Siblings inherit a Brooklyn brownstone. One lives there rent-free, another wants to sell, and the estate administrator (a third sibling) refuses to list the property or engage a broker. The frustrated sibling files an RPAPL § 993 petition and simultaneously asks Surrogate’s Court to remove the administrator for failure to act. The court grants the petition, the property is sold on the open market, and the proceeds are distributed fairly among all heirs.
RK Law PC: Your Advocates in Inherited Property Disputes
At RK Law PC, we represent clients in partition actions, estate litigation, fiduciary removal proceedings, and all aspects of real property disputes in New York. Whether you’re an heir trying to force a sale, a beneficiary dealing with an unresponsive fiduciary, or a co-owner protecting your rights, we have the tools to resolve the issue.
📞 Contact us today to schedule a consultation and find out how we can help you take control of your inheritance.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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