Filing a Partition or Petition for Sale of Inherited Real Estate in Delaware When Some Heirs Are Minors

Quick answer: You can ask a Delaware court to partition inherited real estate or to order a sale instead of dividing it, even if some heirs are minors. Because minors cannot protect their legal interests directly, the court will require representation for them (usually a guardian ad litem or a guardian of the minor’s property), and the court will supervise any sale and distribution of proceeds for the minors’ benefit.

Detailed answer: How the process generally works in Delaware

1. Identify who owns the property and the type of ownership

Before you file, determine how title is currently held. Common situations include:

Property left to multiple heirs (tenants in common by inheritance).
Property held jointly with right of survivorship (which may not be part of your partition).
Property owned by an estate or under a trust (may require the personal representative or trustee to act).

If the decedent left a will appointing a personal representative (executor) or left the property in trust, the personal representative or trustee may have authority to act; otherwise the heirs must act together or file in court.

2. Choose the right court and the right type of case

In Delaware, partition and sale of real property are civil matters. Depending on the circumstances, a partition case may be handled in the Superior Court or—in equity-related disputes or where the estate or fiduciary issues are central—the Court of Chancery. Contact the appropriate court clerk to confirm where to file for your county. Delaware court homepages:

Superior Court: https://courts.delaware.gov/superior/
Court of Chancery: https://courts.delaware.gov/chancery/

3. What a partition complaint or petition for sale should allege

Your complaint should generally identify:

The property (legal description and address).
All persons with an ownership interest and their addresses.
The nature and extent of each owner’s interest.
A request for partition in kind (division of the land) or, if division is impractical, a partition by sale with proceeds divided among owners.
That some heirs are minors and a request that the court appoint a guardian ad litem (or other protective appointment) to represent their interests.

4. How minors are protected in Delaware partition/sale proceedings

Minors cannot manage their own property interests or agree to the sale/distribution of those interests. The court will require protective steps, typically including some combination of:

Appointment of a guardian ad litem (an attorney or other representative appointed to protect the minor’s immediate interests in the lawsuit).
Appointment of a guardian of the minor’s estate/property if the sale is to be completed and proceeds held on behalf of the minor.
Court approval of any settlement or sale to ensure the minor’s share is fair and properly protected.

These protections are common in Delaware practice. For general information about Delaware courts and guardianship processes see the Delaware Courts website: https://courts.delaware.gov/. For Delaware statutes and general code text, see the Delaware Code: https://delcode.delaware.gov/.

5. What the court may order about sale proceeds for minors

The court will decide how to handle a minor’s share of sale proceeds. Typical outcomes include:

Proceeds placed into a protected account (court registry or a custodial/guardianship account) until the minor reaches majority or a court-authorized age.
Appointment of a guardian of the property to manage or invest the funds under court supervision.
Approval of an attorney’s fees and costs and direction on net distribution amounts.

6. Practical steps to take now

Collect documentation: death certificate, will (if any), deed/title, tax bills, mortgage info, and a list of all heirs and their contact information (including birth certificates for minors).
Talk to all adult co-owners. If everyone agrees, consider a voluntary sale or buyout—this is usually faster and cheaper than a court action. If minors are involved, any voluntary transaction still requires court approval or a guardian to act for the minors.
If agreement is not possible, file a partition complaint in the appropriate court. Ask the court clerk for local filing requirements and prescribed forms.
Include a request that the court appoint a guardian ad litem or other protective representative for the minors. Expect the court to require notice to the minors’ parents or guardians and possibly to set a hearing to appoint the guardian ad litem and approve the sale or distribution plan.
Be prepared for appraisal(s), a hearing, and court supervision of the sale or division process. The court will look for a fair process and an outcome that protects the minors’ interests.

7. Timeline and costs

Timelines vary. Uncontested voluntary sales can close in weeks. Contested partition actions often take months to more than a year depending on complexity, appraisal needs, and whether the court orders a sale. Costs include filing fees, service of process, appraisal fees, attorney fees, and possible costs for guardianship or guardians ad litem.

8. Alternatives to a partition lawsuit

Voluntary sale with court approval for the minors’ portions.
One or more co-owners buying out others (with court approval for minors’ shares).
Mediation to reach an agreed settlement that the court can later approve for minors.
Conveyance into a trust for minors (requires legal help and court oversight in many cases).

Helpful hints

Start by confirming title and listing all heirs. Clear documentation prevents delays.
Even when adults agree, the court must still approve transactions affecting minors—plan for that extra step.
Appraisals and clear marketing increase court confidence that a sale is fair to minors.
Ask the clerk which court (Superior Court or Court of Chancery) typically hears partition matters in your county—local practice varies.
If funds will remain for the long term, consider asking the court to appoint a bank or fiduciary to manage the minor’s funds under court supervision or to establish a protected account for the proceeds.
Keep communication channels open among heirs—mediation can save time and court costs.
Get legal advice early. A lawyer can help draft a complaint, arrange for a guardian ad litem, obtain appraisals, and present a sale plan that meets the court’s standards.

Where to find more Delaware-specific information

Delaware Courts main site (information on filing, courts, and contacts): https://courts.delaware.gov/
Superior Court of Delaware: https://courts.delaware.gov/superior/
Court of Chancery of the State of Delaware: https://courts.delaware.gov/chancery/
Delaware Code (statutes and searchable text): https://delcode.delaware.gov/

Disclaimer: This article explains general Delaware procedures and common practice. It is educational information only and not legal advice. Laws and court procedures change. For help tailored to your situation—especially where minors’ interests are at stake—consult a Delaware attorney experienced in probate, guardianship, or real property litigation.