Backstop Home Buyers Español (219) 419-4114

Questions people ask us

One of the heirs won't sign. Now what?

The short answer

Every owner has to be part of a sale, so one heir can hold things up. Most of the time it gets solved by talking: finding out why, making sure that heir gets their fair share, or buying them out. If it can't be worked out, an Indiana court can divide the house or order it sold, but that takes an attorney and time.

Find out why

Often the heir isn't against selling. They don't trust the price, want to keep something from the house, need the money sooner or later than the others, or just haven't been asked by the right person. An independent appraisal and a clear written breakdown of who gets what fixes a lot of this.

Options short of court

  • Buy out their share. The other heirs, or a buyer, pays that heir for their share.
  • Give them something else. A larger share of other estate property, or a keepsake that matters to them.
  • Let a personal representative handle it. If an estate is opened, the court appoints one person who may be able to sell for the estate. A probate attorney can say whether that fits.

If someone can't be found

An heir who has lost touch, or who has died and has heirs of their own, still owns a share. Finding them takes research, and sometimes a court process for someone who can't be found. A probate attorney or title company can tell you what yours needs.

When it goes to court

Any co-owner in Indiana can ask the court to divide the property or order it sold and split the money, called partition. It is slow and the legal fees come out of everyone's share, so it works best as the last resort that gets people to agree. An attorney has to file it.

When we buy, we work with every owner at once, and nobody's share is paid until everyone has signed, so no heir is left holding a partial deal.

General information about Indiana, not legal advice. Every case is different. Last checked November 2, 2026.