Short answer

Yes. In Idaho you can file a partition action (asking the court to divide the land) or a petition for sale (asking the court to sell the land and divide the proceeds) even when some co‑owners are minors. The court must protect the minors’ interests during the case. That protection usually means appointing a guardian of the minor’s estate or a guardian ad litem, requiring court approval of any sale, and directing how sale proceeds are held or paid out.

Detailed answer: how the process works in Idaho

This section explains the usual steps, legal principles, and how minors are protected. This is educational information and not legal advice.

1) Who can start a partition or petition for sale?

Any record owner (co‑owner) of the property can start a partition action in the Idaho district court in the county where the property lies. If the property is still part of a decedent’s probate estate, you may first need to look at whether the property has passed through probate or will pass to heirs — sometimes the personal representative or successor in interest must be involved before a partition case begins.

For the text of Idaho’s civil statutes related to partition actions, see the Idaho statutes on partition (Title 6, Civil Actions — partition provisions): https://legislature.idaho.gov/statutesrules/idstat/Title6/

2) Basic procedural steps

1. Prepare and file a complaint or petition for partition (or for partition by sale). The complaint names all co‑owners as parties.
2. Serve the complaint and summons on every co‑owner. If any co‑owner is a minor, serve the minor’s guardian or conservator if one exists. If none exists, the court will appoint a guardian ad litem to represent the minor’s interests.
3. Request a partition in kind (physical division) or petition the court for sale (partition by sale). The court typically orders an appraisal and may appoint a commissioner to oversee any sale.
4. The court decides whether division in kind is practical or whether sale is necessary to fairly divide interests. If sale is ordered, the court will supervise the sale or set terms and approve the sale price and distribution of proceeds.

3) Special protections and steps when heirs are minors

• Representation: A minor cannot defend or make binding property decisions on their own. The court must make sure the minor has legal representation for the litigation — commonly a guardian ad litem to protect the minor’s interests and sometimes a court‑appointed guardian of the minor’s estate if one does not already exist.
• Guardians of the estate: If a guardian of the minor’s estate exists (appointed under Idaho probate law), that guardian may be served and can act to protect the minor’s property interest (seek sale, accept proceeds, etc.). If not, the court may appoint one for the limited purpose of the case.
• Court approval for sale terms: Any sale of a minor’s real property interest or sale that will create proceeds for a minor usually requires explicit court approval. The court will examine whether the sale price and terms are fair and in the minor’s best interest.
• How proceeds are handled: The court controls distribution. The judge may order the minor’s share paid into a blocked account, invested under a guardianship/conservatorship order, or otherwise held per Idaho probate rules until the minor reaches legal age or receives a court‑approved distribution for specific needs.
• Bond or other security: The court may require bonds or other protections for the guardian handling the minor’s funds.

4) Typical timeline and costs

Time depends on facts: obtaining appraisals, locating all heirs, and whether the case is contested affect duration. Cases that settle by agreement (for example, a co‑owner buys out the others) close faster. Contested partition actions commonly take months to more than a year. Court costs, appraisals, commissioner fees, attorney fees, and possible bond costs reduce the net proceeds.

5) Alternatives to court sale

• Buyout: Co‑owners can negotiate a private buyout of minors’ interests with court approval. The guardian or guardian ad litem will evaluate and recommend approval to the court.
• Mediation: Mediation can resolve disputes faster and cheaper than litigation. Court will still review any settlement that affects a minor’s interest.

6) Where Idaho statutes matter and where to read them

Idaho’s statutes govern partition actions, probate, and guardianships. See Idaho statutes online:

• Idaho code sections relating to partition (Title 6 — Civil Actions): https://legislature.idaho.gov/statutesrules/idstat/Title6/
• Idaho probate and guardianship rules (Title 15 — Probate, Estates and Protective Proceedings): https://legislature.idaho.gov/statutesrules/idstat/Title15/

These pages list the statutory sections that describe who may be appointed guardian, how a guardian handles real property and funds for minors, and procedural steps a court will take in partition or sale cases.

Practical step‑by‑step checklist

1. Confirm current ownership and chain of title (deeds, wills, or probate records).
2. Determine whether the property is already in probate. If so, coordinate with the personal representative or executor.
3. Identify all heirs and whether any are minors.
4. If minors are involved, check whether a guardian of the estate already exists; if not, be prepared for the court to appoint one or a guardian ad litem.
5. Obtain a market appraisal to support a sale or buyout offer.
6. File the partition complaint in the correct Idaho district court and serve all parties; include accurate information about minors and guardianship status.
7. Be ready to ask for court approval of any sale and proposals for handling minors’ proceeds (blocked account, investment, or conservatorship/guardianship instructions).
8. Keep detailed records and be prepared to provide proof of costs, sale terms, and fairness of any proposed transaction involving a minor’s interest.

Helpful Hints

• Talk to a probate or real estate litigation attorney in Idaho early. Minors make cases more complicated and courts require extra safeguards.
• Collect paper evidence: death certificate, will, deeds, tax bills, mortgage statements, and correspondence. Courts rely on documents.
• Consider a buyout offer with independent appraisal to reduce litigation time and cost. Courts often favor settlements that clearly protect the minor’s monetary interest.
• Expect the court to require an accounting and to supervise how a minor’s funds are invested or disbursed.
• If you are the guardian of a minor’s estate, get written court approval before distributing sale proceeds to the minor for any significant purpose.
• Keep communication calm and documented. Partition disputes can damage family relationships; mediation can help preserve them.
• Ask the court how it prefers sale proceeds to be managed for minors — rules and practices vary by county and judge.