Detailed Answer
Overview
When a decedent’s home ends up owned by multiple heirs and one or more of those owners are minors, California law usually requires court supervision before the property can be sold. Court involvement protects the financial interests of the minors and ensures the sale and distribution of proceeds follow the law. The exact steps you must follow depend on how title passed (e.g., will, intestacy, joint tenancy, trust), whether the estate is open in probate, and whether a guardian of the minor’s estate is (or must be) appointed.
Step 1 — Confirm how the property is owned and whether probate is required
Start by determining how title passed:
- If title passed via joint tenancy or a properly funded trust, the asset may pass outside probate and can sometimes be sold with fewer court steps.
- If title passed under a will or by intestacy (no valid transfer outside probate), the property is likely part of the probate estate and an executor/administrator must be appointed.
Helpful general resources on probate and guardianship are available through the California Courts: California Courts — Probate Self-Help and the California Probate Code overview: California Probate Code (Table of Contents).
Step 2 — If probate is required, open the estate or locate the personal representative
A personal representative (executor/administrator) must be appointed by the probate court to manage and sell estate real property. The representative files the necessary petition with the probate court in the county where the decedent lived. The court issues Letters Testamentary or Letters of Administration, which give the representative authority to act on behalf of the estate.
Step 3 — If minors own an interest, address their legal guardian or guardian of the estate
Minors cannot directly manage or transfer property. The court will require one of these approaches:
- Appointment of a guardian of the minor’s estate (if not already in place). The guardian handles the minor’s share and must act in the minor’s best interest.
- A petition in the probate case asking the probate court to authorize the sale that affects the minor’s share and specifying how the minor’s proceeds will be protected.
Step 4 — Prepare and file the petition or request for sale
The personal representative or guardian files a court petition (often called a petition to sell real property or a petition for instructions/authority). The petition must include:
- Legal description of the property and current ownership details.
- Why the sale is necessary or in the estate/minor’s best interest (e.g., to pay debts, to divide proceeds, or because co-owners want to sell).
- Proposed sales terms and purchase agreement (if already negotiated) or a proposed method for sale (e.g., listed on the market; court-ordered sale procedure).
- An appraisal or comparable market evidence to justify the sale price or listing strategy.
- How the proceeds that belong to any minors will be handled (e.g., deposited with the court, held by a guardian, or placed in a secure/restricted account or trust).
- Notice and service list of all interested parties, including minors’ guardians and known heirs.
Step 5 — Provide required notices and obtain consents or waivers when possible
Court rules require notice to heirs, beneficiaries, creditors, and any guardian of a minor’s estate. If all interested parties (or their guardians) sign written consents and the court finds the sale fair, the court may approve the sale more quickly. If someone objects, the court will hold a hearing to decide.
Step 6 — Attend the court hearing and obtain the court order
The court will schedule a hearing. At the hearing the judge reviews the petition, evidence of value, proposed sale terms, and how the minor’s share will be protected. If the judge approves, the court issues an order authorizing the sale and specifying any conditions—for example, how the minor’s net proceeds must be deposited, whether a bond or accounting is required, or if confirmation of sale will be needed.
Step 7 — Complete escrow and comply with the court order
Once the order is in place the representative or guardian completes the sale through escrow. The sale must comply with the court’s terms. The court may require the sale proceeds for minors to be:
- Deposited into a court-supervised account or restricted account for the minor,
- Transferred to a guardian of the minor’s estate to manage per court oversight, or
- Placed into a trust for the minor if the court approves.
Step 8 — Account to the court and close the matter
The personal representative or guardian will likely file a final account and report showing the sale, expenses, and how proceeds were handled and distributed. The court reviews and signs off before formally closing the estate or the guardianship accounting for that asset.
Practical timing and costs
Expect the full process (if probate and a guardian appointment are required) to take several months to over a year depending on case complexity, notices, potential objections, and court schedules. Costs include court filing fees, probate or guardianship attorneys’ fees, appraisal fees, escrow and title fees, and possible bond or conservatorship costs. The court will evaluate fee requests before approving them.
When full court supervision may be avoidable
In limited situations, the sale may occur without probate court approval—for example, if title passes outside probate (joint tenancy, community property with right of survivorship, or a trust) and the co-owners (including a minor’s guardian/trustee) execute the sale consistent with title documents and trust terms. But even then, a guardian or trustee must properly represent a minor’s interests. Because mistakes can lead to claims or the court later vacating a sale, it is often safer to seek court guidance early.
Key California resources
- California Courts — Probate self-help: https://www.courts.ca.gov/selfhelp-probate.htm
- California Probate Code (legislative information and statutes): https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PROB
- California Courts forms and instructions (search for probate and guardianship forms): https://www.courts.ca.gov/forms.htm
Helpful Hints
- Identify how title passed before taking steps—joint tenancy, trust, will, or intestacy changes the required process.
- Collect documents up front: death certificate, deed, will/trust documents, heirs’ IDs and birth certificates for minors, and any existing guardianship or conservatorship paperwork.
- Get a professional appraisal to show the court the sale price is reasonable.
- Talk with a probate attorney early. Selling estate property with minor co-owners has strict procedures; an attorney can reduce delays and exposure to later challenges.
- If minors will receive proceeds, expect the court to want the money protected—be ready to explain precisely how you will secure it (guardian, blocked account, trust).
- Obtain clear, written consents from all adult co-owners or their attorneys when possible. Unanimous consent can streamline court approval.
- Keep careful records of all notices, filings, sale offers, and escrow documents—the court will review them at accounting and closing.
- Consider alternatives (buyout by co-owner, partition action only as last resort) and weigh tax and credit implications before selling.