Detailed Answer — Step-by-step under Arizona law

This guide explains the typical court process in Arizona when an inherited home is owned by multiple people and at least one owner is a minor. It summarizes common steps courts require, documents you will usually file, and what to expect at each stage. This is educational information only and not legal advice.

1. Identify how title passed and who holds the property interest

First determine whether the property already passed to heirs (for example, by probate, by joint tenancy, by trust, or by beneficiary deed). If the deceased’s estate was or needs to be probated, ownership may not be finalized until the probate process is complete. If title already shows co-owners including minors, the minors’ ownership interests remain legally protected and the court must guard their interests before a sale.

2. Determine whether you need a guardian, conservator, or guardian ad litem

If a minor (under 18) owns an interest, the court will require representation for the minor’s interest. That often means:

• A parent or court-appointed guardian for the minor (guardian of the person) if one is already authorized to manage the minor’s property; or
• A guardian of the minor’s estate or conservator to handle the minor’s financial/property matters; or
• A guardian ad litem or attorney appointed to represent the minor’s legal interests for the specific sale if no general guardian/guardian of estate is in place.

Arizona’s probate and guardianship rules govern these appointments. See Arizona Revised Statutes, Title 14 (Probate & Guardianship) for statute guidance: https://www.azleg.gov/arsDetail/?title=14

3. If no guardian of the estate exists, file a petition with the probate court

To get court approval to sell real property in which a minor owns an interest you typically must file a petition in the Superior Court in the county where the property is located. The petition asks the court to authorize the sale and to approve how the minor’s share will be handled. Typical contents of the petition include:

• Case caption and title (probate or guardianship matter or a petition for sale of minor’s property)
• Identification of all owners (adults and minors) and their interests
• Copy of the proposed purchase agreement or terms of sale
• Appraisal or statement of fair market value
• Explanation of why sale is in the minor’s best interest (e.g., maintenance costs, inability of co-owners to keep the property, benefit from sale proceeds)
• Proposed plan for use or protection of the minor’s proceeds (blocked account, trustee, reinvestment plan)

4. Provide notice and obtain representation for the minor

The court will require notice to all interested parties, including adult co-owners, heirs, and creditors. The court commonly appoints counsel or a guardian ad litem to represent the minor during the sale proceeding. The guardian ad litem or counsel will review the terms and may object or request modifications to protect the minor’s interest.

5. Court review and hearing

The court examines whether the sale is fair, whether the price is reasonable (often requiring an appraisal or market analysis), and whether protections are in place for the minor’s proceeds. A judge will hold a hearing where evidence and testimony may be presented. If the judge approves, the court issues an order authorizing the sale and specifying how proceeds will be distributed or safeguarded.

6. How sale proceeds are handled

Courts commonly require that a minor’s share of the proceeds be:

• Paid to a guardian/conservator to hold in the minor’s estate account; or
• Deposited into a blocked or restricted account that the minor can access only at 18 (or later, per court order); or
• Paid into a trust or otherwise invested per court direction for the minor’s benefit.

The court order will specify who can sign closing documents on behalf of the minor and who is authorized to receive and invest the funds.

7. Alternative: partition action or buyout by co-owners

If co-owners cannot agree on selling, an adult co-owner may start a partition action to force sale or physical division of the property. Partition lawsuits are governed by Arizona civil procedure; see Arizona Revised Statutes Title 12 for civil remedies: https://www.azleg.gov/arsDetail/?title=12. Even in partition cases, courts protect minor owners by appointing representatives and requiring fair handling of the minor’s proceeds.

8. Typical timeline, costs, and likely requirements

• Timeline: several weeks to a few months for a straightforward petition if guardianship/estate formalities already exist; longer if a new guardianship or contested hearing is necessary.
• Costs: court filing fees, attorney fees, appraisal fees, possible guardian or conservator bond and accounting fees.
• Bond or accounting: the court may require a bond for a guardian/conservator and periodic accountings to the court for how funds are managed.

Key Arizona resources

• Arizona Revised Statutes, Title 14 (Probate, Wills, Legatees, Guardians, Conservators): https://www.azleg.gov/arsDetail/?title=14
• Arizona Revised Statutes, Title 12 (Courts and Civil Procedure — including partition actions): https://www.azleg.gov/arsDetail/?title=12
• Arizona Courts self-help pages on probate and guardianship: https://www.azcourts.gov/selfhelp/Probate

Disclaimer: This article is educational only and does not constitute legal advice. For advice specific to your situation, consult a licensed Arizona attorney experienced in probate, guardianship, and real estate. Courts may require different procedures depending on county local rules and the particular facts.

Helpful Hints

• Start by locating the death certificate, the will or trust (if any), and the current deed or title document.
• Confirm whether probate is open. If not, opening probate may be the first step to clear title so the property can be sold.
• Get a professional appraisal early. Courts often require evidence of fair market value before approving a sale involving a minor.
• Talk to a probate or guardianship attorney before signing a purchase agreement. A premature contract can create problems if court approval is required.
• Expect the court to prioritize a plan that protects the minor’s share — blocked accounts, trusts, or supervised investments are common.
• If all owners (including the minor’s guardian) agree, the court process can be smoother — but you still usually need formal approval or an order protecting the minor.
• Keep careful records of repairs, offers, and communications. The judge may review these when deciding whether the sale is in the minor’s best interest.
• Ask the county Superior Court clerk or the Arizona Courts self-help center for local forms and fee schedules: https://www.azcourts.gov