Now it gets complicated

[selhars]

Because the wishes of some heirs would be favored over others for no valid purpose.

What's the duty of the fiduciary?....to carry out the decedent's wishes (and in this case there was no will) .....to carry out the heirs' wishes, or to administer/oversee probate and/or distribute the estate -- while not doing anything to the detriment of the heirs' interests -- not wishes, interests.

I ask because I'm not sure what an heir's grounds would be for suing? Even if an heir doesn't want the house sold -- selling the house would not be to their detriment because they'll get 1/5 of the proceeds. So how would they be harmed..what's the detriment?

 

[curb1]

I agree, sell the house. In this case as in many, perhaps most, everyone will not get their wishes met. The best and easiest solution is to sell the house quickly. It might be necessary because of the debts involved.