Disclaimer: This article provides general information under New Hampshire law. It does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
When a minor child inherits real property in New Hampshire, they lack legal capacity to sign deeds or contracts. To sell or transfer the property, you must involve the Probate Division of the Superior Court. Here are the primary options under NH law:
1. Petition for a Guardian of the Estate
• Under RSA 464:5–7, interested parties can petition the Probate Division to appoint a guardian of the minor’s estate. The guardian manages the property and can seek court approval for a sale.
• After appointment, the guardian must file a motion asking the court to authorize the sale. The court examines whether the sale serves the minor’s best interests. See RSA 464:5.
2. Use of the Uniform Transfers to Minors Act (UTMA)
• A custodian may hold the real property for the minor under RSA 564-B. After establishing a UTMA account, the custodian can sell the property or reinvest proceeds for the minor’s benefit.
• UTMA allows a smoother process than guardianship, but it requires a qualified custodian (often a parent or financial institution). See RSA 564-B.
3. Testamentary or Inter Vivos Trust
• If the decedent created a trust for the minor heir, the named trustee can manage and sell real property according to trust terms. The trustee must follow fiduciary duties and may need court confirmation depending on the trust instrument.
4. Partition Action Among Co-Heirs
• When multiple heirs (including adults and minors) own property jointly, any co-owner can file a partition action under RSA 547. The court can order a sale and divide proceeds among all heirs. The minor’s share is held until they reach adulthood or under court supervision.
When Court Approval Is Required
• All guardianship sales and partition actions must go through the Probate Division. The court will review appraisals, marketing efforts, and sale terms to protect the minor’s interests.
Helpful Hints
- Gather documentation: death certificate, will, property deed.
- Obtain a professional appraisal before filing a sale petition.
- Consult a probate attorney to draft and file guardianship or partition petitions.
- Consider UTMA if you prefer a streamlined custodial arrangement.
- Keep detailed records of all transactions and court filings.
- Check local court rules for scheduling hearings in your county.
By following these steps, you ensure compliance with New Hampshire law and protect the minor’s inheritance.