Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney for advice on your situation.
Detailed Answer
When a decedents heir is a minor, Idaho law requires special steps before selling or transferring real property. A minor cannot legally consent to a real estate transaction. The main options include:
1. Guardianship of the Minors Estate
Under Idaho Code Title 15, Chapter 5, you can petition the probate court to appoint a guardian of the minors estate. The guardian holds legal authority to manage and sell the minors property with court approval. Key steps:
- File a guardianship petition in the appropriate Idaho probate court.
- Serve notice to all interested parties, including the minor.
- Obtain a court order authorizing the sale under Idaho Code § 15-5-301 et seq.
- Follow court-ordered procedures such as obtaining appraisals and handling bids.
2. Uniform Transfers to Minors Act (UTMA)
Idahos UTMA (Idaho Code Title 15, Chapter 6) allows you to transfer the minors share into a custodianship. The custodian can sell or manage the property for the minors benefit. Steps include:
- Execute a transfer document naming the custodian and minor beneficiary.
- Record the document with the county recorder.
- Custodian may sell the property and hold proceeds until the minor reaches age of majority under Idaho Code § 15-6-101 et seq.
3. Probate Sale with Representative of Minors Interest
If the property passes through probate, the personal representative can petition to sell estate assets, including the minors interest. The court may appoint a guardian ad litem or guardian of the minors interest. Sale proceeds then pass to the minor under court supervision.
4. Partition Action
When co-owners include a minor, any party may file for partition under Idaho Code Title 6, Chapter 3. The court can order a sale instead of dividing land. A guardian or guardian ad litem represents the minors rights.
Helpful Hints
- Evaluate whether guardianship or UTMA custodianship best meets your timeline and goals.
- Obtain an independent appraisal to establish fair market value.
- Be prepared to show that any sale serves the minors best interests.
- Allow extra time for court hearings, notices, and required filings.
- Work with a local attorney to navigate court procedures and statutory requirements.