Two siblings inherit a house.
One wants to keep the property in the family. The other receives an offer from an investor to buy that sibling’s ownership interest.
Does the sibling who wants to keep the property get a chance to match the offer before the interest is sold?
For certain New York properties, the answer may be yes.
New York’s Uniform Partition of Heirs Property Act, RPAPL § 993, gives qualifying family co-owners a statutory right of first refusal when another co-owner receives a bona fide offer from an outsider to purchase an interest in qualifying heirs property.
But the rule does not apply to every inherited house. The first question is whether the property falls within New York’s statutory definition of heirs property.
Not Every Inherited House Qualifies
RPAPL § 993 defines heirs property using several requirements.
Among other things, the property must be held as a tenancy in common, there must be no binding agreement among all co-tenants governing partition, at least one co-tenant must have acquired an interest from a relative, and the property must be used for residential or agricultural purposes.
The statute also requires one of several specified family-ownership connections, such as at least 20% of the interests being held by relatives, at least 20% being held by someone who acquired title from a relative, or a qualifying family co-tenant residing at the property.
That threshold matters.
The First Department emphasized in Williams v. Williams in June 2026 that New York’s heirs-property procedures do not apply automatically whenever relatives co-own inherited real estate. The property must first satisfy the statutory requirements.
What Happens When an Outsider Makes an Offer?
If the property qualifies as heirs property, RPAPL § 993(13) provides a specific protection.
When a co-tenant receives a bona fide offer from someone who is not already a co-tenant to purchase that owner’s share, and the co-tenant intends either to accept the offer or respond with a counteroffer, certain family co-tenants have the right to purchase the interest on the same price, terms, and conditions.
The statutory right belongs to co-tenants who inherited their interests and to certain co-tenants who are relatives of those who inherited their interests.
The statute also establishes priorities if more than one eligible co-owner wants to exercise the right.
First priority goes to a qualifying co-tenant who occupies the property as a primary residence. Second priority goes to a qualifying co-tenant who otherwise uses the property.
How Much Time Does the Family Have to Match the Offer?
This is where the statute is especially significant.
The outside buyer and the co-owner who received the offer both have a duty to exercise due diligence to identify the other co-tenants and notify them of the pending offer.
The statute requires notice to be made in the manner specified by CPLR 308.
Once proper notice is given, the other co-tenants have 180 days from the date of notice to match the offer.
That is a much longer period than many property owners might expect.
The purpose is practical: family co-owners may need time to obtain financing, evaluate the offer, determine who wants to retain ownership, and decide whether matching the transaction is financially realistic.
Do I Get to Negotiate a Lower Price?
No—not under the statutory right of first refusal itself.
The right is to match the outsider’s transaction.
RPAPL § 993 requires the family purchaser to match the identical price, terms, and conditions of the offer or counteroffer.
For example, suppose an investor offers $175,000 for a sibling’s fractional interest, subject to particular closing terms.
An eligible family co-owner exercising the statutory right ordinarily would not be entitled simply to propose $150,000 instead and require the seller to accept it.
The protection gives the family the opportunity to step into the outsider’s deal—not the right to rewrite that deal.
What If Nobody Tells Me About the Sale?
The statute also addresses that situation.
If the required notice is not given, the sale nevertheless closes, and the outside purchaser did not exercise the required due diligence to notify the other co-tenants, RPAPL § 993 provides a potential post-sale remedy.
The statute permits the other co-tenants to purchase the shares from the non-relative purchaser for the price the purchaser paid, plus interest at 2% per year.
That right expires 180 days after the other co-tenants become aware of the sale.
That makes the timing of notice—and the timing of when a family member actually learns about a completed transfer—potentially important.
Is This the Same as the Buyout Right in a Partition Case?No.
New York’s heirs-property statute contains two different concepts that can easily be confused.
The right of first refusal discussed here concerns an outside offer to purchase an ownership interest.
A separate part of RPAPL § 993 creates a court-supervised co-tenant buyout process after a partition action is underway. In that procedure, co-owners who did not request a partition sale may have an opportunity to purchase the interests of those seeking the sale based on a court-determined property value.
We discuss that litigation-stage procedure separately in “Can I Buy Out My Sibling Instead of Selling an Inherited House in New York?”
Keeping those two rights separate matters:
The right of first refusal can arise when an outside purchaser makes an offer for one owner’s share.
The statutory partition buyout arises in a qualifying heirs-property partition action.
The Bottom Line
If your sibling wants to sell an ownership interest in inherited New York property to an investor or another outsider, do not automatically assume that you have no say in the transaction.
If the property qualifies as heirs property under RPAPL § 993, certain family co-owners may have a statutory right to match the outsider’s offer.
The statute can require notice, gives eligible co-owners 180 days to match the transaction, and may provide a remedy even after an improperly noticed sale has closed.
The key is determining early whether the property actually qualifies as heirs property and whether the statutory notice and matching procedures apply.
That analysis can make the difference between learning that part of the family property has already been sold—and having a meaningful opportunity to keep that interest within the family.
Attorney Advertising. This article is for general informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. The application of New York partition and heirs-property law depends on the facts and circumstances of each matter.