The Short Answer

You can often still pursue a court-ordered sale of inherited Florida real estate even when some heirs are minors—but the case usually cannot move forward like a standard “adult-only” dispute. When minors own an interest, the court typically requires added protections (such as a properly appointed representative and, in many situations, a guardian/guardian ad litem) before it will approve any sale affecting the minor’s property rights.

Because mistakes can jeopardize title, delay the sale, or expose the adults to court sanctions, it’s a situation where having a Florida probate/real estate litigation attorney is especially important.

What Florida Law Says

In inherited-property disputes, there are commonly two legal “tracks” that can lead to a sale: (1) a probate sale through the estate (when a personal representative is administering the estate), or (2) a separate court action between co-owners (often called a partition-type dispute). When a minor is one of the owners, Florida guardianship law becomes central because the court’s job is to ensure the transaction is financially beneficial and legally protective of the minor’s interest.

The Statute

The primary law governing court authority to sell a minor’s real estate interest through a guardianship process is Fla. Stat. § 744.631.

This statute provides that when a guardian of a minor’s estate controls or manages the minor’s real property and a sale is necessary or expedient, the guardian must petition the circuit court for authority to sell, and the court may authorize the sale if it appears reasonable, just, and financially beneficial to the minor’s estate.

In addition, if the inherited property is still in an open probate estate, Florida law may allow the personal representative to sell real property in certain circumstances, but court authorization/confirmation may be required depending on the situation and the will. See Fla. Stat. § 733.613.

Why You Should Speak with an Attorney

When minors are heirs/owners, the “sale” is not just a family agreement—it becomes a court-supervised event with heightened scrutiny. While the statutes provide the general rule, applying them to your specific facts is rarely simple. Outcomes often depend on:

• Proper authority to act for the minor: A parent is not automatically allowed to sign away a minor’s real estate rights without the correct legal authority. In many cases, the court expects a guardian of the minor’s property (and sometimes a guardian ad litem) so the minor’s interest is independently protected. Florida law also addresses when a guardian ad litem may be appointed to protect a minor’s interests in court matters. See Fla. Stat. § 744.3025.
• Strict notice and court-approval requirements: For example, when a guardian seeks authority to sell a minor’s real estate, Florida law includes specific notice/publication requirements and warns that noncompliance can create liability and removal risks for the guardian. See Fla. Stat. § 744.631.
• Conflicts of interest among heirs: If the adult heirs want a quick sale but the terms may not be best for the minor, the court can require independent representation and may reject a proposed deal. Even well-meaning family members can be viewed as having an “adverse interest” when money is being divided.

Trying to handle this alone can lead to a sale being delayed, challenged later, or structured in a way that creates title problems—especially when a minor’s ownership interest is involved.

If you want background on the general concept of forcing a sale of inherited property, you may also find these helpful:

• How Does a Partition Action Work in Florida for Co-Owned or Inherited Property?
• Do All Heirs and Devisees Have to Be Joined in a Partition or Court-Ordered Sale in Florida?
• How Do You Protect a Minor’s Inheritance in Florida?

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened probate attorney in Florida to discuss your specific facts and options—especially if minor heirs are involved and the court will require additional protections before any sale can be approved.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.