Detailed Answer

Disclaimer: This article provides general information about Georgia law. It does not constitute legal advice. You should consult a qualified attorney to address your specific situation.

Why a Minor Heir Cannot Directly Sell Real Property in Georgia

Under Georgia law, a minor lacks legal capacity to convey real estate. The state treats all contracts and deeds signed by a person under age 18 as voidable. To protect the minor’s interests, Georgia requires court-supervised procedures before anyone can sell or transfer property inherited by a minor. See O.C.G.A. § 29-2-2.

Option 1: Appointment of a Guardian of the Minor’s Estate

1. An interested party (often a parent or co-heir) files a petition for a guardianship of the minor’s estate in the probate court of the county where the property sits. O.C.G.A. § 29-2-4 provides filing requirements.

2. The court appoints a guardian and issues Letters of Guardianship for the minor’s estate.

3. The guardian petitions the court for authorization to sell or transfer the real property. The petition must describe the property, proposed sale terms, and how the sale benefits the minor. The court holds a hearing and evaluates whether the sale serves the minor’s best interests. O.C.G.A. § 29-2-6.

4. If approved, the court signs an order authorizing the sale. The guardian executes the deed on the minor’s behalf. The sale proceeds remain in the guardianship account until the minor reaches age 18 or until another court-approved distribution.

Option 2: Appointment of a Special Administrator or Commissioner

When no guardian exists or an expedited sale is needed, you can petition for a special administrator or commissioner to handle the sale under O.C.G.A. Title 29, Chapter 6. The court appoints an agent to advertise the property, accept bids, and confirm a sale at a hearing. The process closely mirrors guardianship sales but focuses on a single transaction.

Option 3: Creation of a Testamentary or Inter Vivos Trust

If the decedent’s will establishes a trust for the minor heir, the trustee (often an adult or corporate fiduciary) controls the property until the minor reaches the trust distribution age. The trustee may sell or manage the real estate under the trust terms, with or without court approval, depending on the trust document’s provisions. Georgia’s Uniform Trust Code (O.C.G.A. Title 53, Chapter 12) governs trustee powers.

Option 4: Partition Action with Court Approval

If co-owners (including the minor) cannot agree, an adult co-owner can file a partition action in superior court. The court may sell the entire property and distribute proceeds according to ownership shares. A guardian or special administrator must represent the minor’s share at all stages. See O.C.G.A. § 44-6-166.

Key Steps and Considerations

File all petitions in the probate court where the property lies.
Provide proper notice to the minor and other interested parties.
Document the sale terms and explain how the transaction benefits the minor.
Keep sale proceeds in a blocked or guardianship account until distribution.
Budget for court fees, attorney fees, and bond requirements.

Helpful Hints

Consult a probate attorney familiar with Georgia guardianships.
Gather clear title documentation before filing petitions.
Request a guardian ad litem if you represent the minor’s interests.
Prepare appraisals to establish fair market value for the court hearing.
Consider using a trust if you expect multiple transactions over time.