Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
When an heir to real property in Missouri is a minor, the law protects the minor’s interest until they reach the age of majority (18 years old). A minor cannot legally consent to the sale or transfer of real estate without court involvement or a properly appointed custodian or guardian. Here are the primary methods to sell or transfer such property:
1. Court-Approved Guardianship Sale
If a guardian has been appointed for the minor under Missouri’s guardianship statutes, the guardian may petition the probate court to sell the minor’s real property. The court will review the proposed sale to ensure it serves the minor’s best interest, considering factors like fair market value and terms of sale.
Key statutes:
- Guardianship of Minors: RSMo § 475.020 (Court must authorize sales of ward’s real estate) https://revisor.mo.gov/main/OneSection.aspx?section=475.020
- Procedure for Sale: RSMo § 475.110 (Details petition requirements and sale confirmation) https://revisor.mo.gov/main/OneSection.aspx?section=475.110
2. Appointment of a Guardian ad Litem in Probate
If the minor’s interest arises through probate of an estate, the probate court will appoint a guardian ad litem to represent the minor’s interests. That guardian must seek court permission before selling or transferring the property.
Key statute:
- Guardian ad Litem: RSMo § 472.360 (Court may appoint a guardian ad litem to protect minor heirs) https://revisor.mo.gov/main/OneSection.aspx?section=472.360
3. Partition Action
If multiple heirs (including a minor) own undivided interests in real property, co-owners can file a partition action. The court can order a sale of the entire property and divide the proceeds among owners. A guardian or guardian ad litem must represent the minor’s share during the proceeding.
Key statute:
- Partition of Land: RSMo § 509.010–509.160 (Court-ordered partition or sale) https://revisor.mo.gov/Publications/MOStatutes/Current/509.pdf
4. Transfer Under Missouri’s Uniform Transfers to Minors Act (UTMA)
Missouri’s UTMA allows a donor to transfer property (including real estate) to a custodian for the benefit of a minor. The custodian manages the property until the minor reaches the statutory age of termination (usually 21). This avoids the need for guardianship court proceedings.
Key statute:
- Missouri UTMA: RSMo Chapter 409 (Custodial transfers for minors) https://revisor.mo.gov/main/OneSection.aspx?section=409.550
Helpful Hints
- Begin by determining if a guardian or custodian is already in place for the minor.
- Gather a current property appraisal to demonstrate fair market value in court filings.
- Consult the probate division of your county circuit court for filing procedures and deadlines.
- Consider UTMA transfers to avoid ongoing court oversight for smaller properties.
- Work with an attorney to prepare and file petitions or partition actions correctly.