Alabama: Filing a Partition Action or Petition for Sale When Some Heirs Are Minors | Alabama Partition Actions

Detailed answer — How to proceed under Alabama law

Short overview: If heirs (co‑owners) of Alabama real property cannot agree on what to do with inherited land, one or more co‑owners can start a partition action in the circuit court where the land lies. When some heirs are minors, the court will require those minors’ interests to be represented (usually by a guardian or a guardian ad litem) and will take extra steps to protect the minors and their share of any sale proceeds.

Who may file and where to file

In Alabama, any person who has an ownership interest in land (including heirs who inherited the property) can file a petition for partition. File the action in the circuit court for the county where the real estate is located. The court has authority to order a partition in kind (divide the property into physical portions) or a partition by sale if dividing physically is impractical.

How minors are treated in a partition case

The court protects a minor’s property interest by requiring a legally authorized representative to act for the minor in the lawsuit. That representative can be:

the minor’s court‑appointed guardian of the person and/or estate (if one already exists), or
a guardian ad litem appointed by the circuit court for the partition case to represent the minor’s interests if no guardian exists, or
the minor’s next friend or court‑appointed conservator/committee in limited circumstances.

The court will evaluate whether a partition in kind is feasible. If a partition by sale is necessary, the court must ensure the sale is fair and that the minor’s share of the proceeds is held and managed appropriately (often by a guardian, the probate court, or placed in the court registry).

Typical steps to file a partition action when some heirs are minors

Confirm ownership and list all parties. Identify all heirs with an ownership interest. For minors, identify any existing guardianships or guardians of the estate.
Decide who will be the named plaintiff(s). Any co‑owner (heir) may file.
Prepare the complaint/petition. The petition should name all co‑owners (including minors) and request either partition in kind or partition by sale. It should describe the property and each party’s claimed interest.
Ask the circuit court to appoint a guardian ad litem (if no guardian exists). For any minor co‑owner who does not have a court‑appointed guardian, file a motion asking the court to appoint a guardian ad litem to represent the minor during the partition case.
Serve all parties properly. The minor’s guardian or guardian ad litem must be served (or, if none exists at the time of filing, service requirements for minors in your county may require service on a parent plus publication—follow local rules and the court’s directions).
Proceed through the court’s procedures. The court may order appraisal, mediation, and may appoint a commissioner to manage sale or physical division. If the court orders a sale, it usually supervises the sale process and approves the division of proceeds.
Protect and distribute the minor’s share. If proceeds are paid, the court will ensure the minor’s funds are held safely—either by the guardian of the minor’s estate, by the probate court, or by deposit in the court registry. The court will require accounting and may require bond or other protections. Any use or disbursement of the minor’s funds must generally be approved by the court.

Important Alabama law references

Partition actions and the court’s power to divide or sell jointly owned land are addressed in Alabama law on partition. For the exact statutory language and procedures, consult the Alabama Code provisions governing partition and the provisions concerning guardians and conservators. The Alabama Legislature publishes the Code online; search Title 6 (partition) and the Titles dealing with guardianship and probate on the Alabama Legislature website: https://www.legislature.state.al.us/. The circuit court rules and local court practices also matter, so check the local circuit court’s procedures in the county where the land lies.

Practical examples of how the court protects a minor

If a 10‑year‑old inherits one quarter of a parcel and the adults want to sell the entire parcel, the court can appoint a guardian ad litem for the child, order a supervised sale, and direct the child’s net proceeds to be placed in a blocked account or under the supervision of the probate court until the child reaches majority or for another court‑approved purpose.
If the property can be divided fairly (for example, farmland that can be split into separate fields), the court may order partition in kind so that each heir receives a portion, with the minor represented by their guardian; this avoids a sale and keeps the property in real form for the minor.

Common court requirements and issues to expect

The court may require detailed notices, service, and possibly publication if some heirs cannot be located.
Court may require appraisals and appointment of a commissioner or special master to handle sale or division.
When a minor’s share is involved, the court may require additional safeguards such as bonds, blocked accounts, or court monitoring of how funds are invested or spent.
If a probate estate is open, coordinate the partition action with the probate proceedings—sometimes a partition waits until heirs’ interests are finally determined by probate, or the probate court and circuit court coordinate remedies.

Timeframe and costs

Partition actions vary widely in time and expense. Simple uncontested partitions can take a few months. Contested matters—especially where minors are involved and the court must appoint representatives and approve sales—often take longer (many months to a year or more). Expect court fees, appraisal fees, possible commissioner/special master fees, and attorney’s fees if you hire counsel.

When to involve the probate court

If the property came from a recently opened probate estate, check whether the probate court already has jurisdiction over heirs’ interests or has appointed a guardian for any minor heir. The probate court handles guardianships for minors and may be the forum to get a guardian appointed before a partition action proceeds in circuit court.

Official statute resources

Search the Alabama Code for specific partition and guardianship statutes on the Alabama Legislature’s site: https://www.legislature.state.al.us/. Look especially under Title 6 (actions affecting real property/partition) and the Titles addressing guardianship and probate rules for procedures that protect minors’ property interests.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. Laws change and individual situations differ. Consult a licensed Alabama attorney to get advice tailored to your facts.

Helpful hints

Start by identifying all heirs and whether any minor heir already has a court‑appointed guardian. That can save time.
Consider mediation or an agreed buy‑out before filing. Courts often favor settlements and that can avoid the extra steps the court will take to protect minors.
If a minor has no guardian, ask the circuit court to appoint a guardian ad litem quickly after filing so the case can move forward without delay.
Get a written appraisal early. Knowing market value helps the court decide whether physical division or sale is fair.
Expect the court to require secure handling of a minor’s share—plan for bond, blocked account, or court registry deposit as part of settlement discussions.
Keep careful records of communications and any offers. The court will look for fairness when a sale is proposed or approved.
Ask your attorney about coordinating with the probate court if an estate is still open. Parallel proceedings can cause confusion if not coordinated.
Budget for court costs and professional fees (appraisers, title searches, and possibly a commissioner). These costs normally come out of the proceeds before distribution.