How Indiana Courts Approve the Sale of an Inherited Home When Minors Own a Share

This article explains, in plain language, the key steps and legal requirements you will encounter in Indiana when a home is inherited by multiple co-owners and one or more co-owners are minors. It focuses on the court processes that typically must occur to authorize a sale and protect a minor’s financial interests.

Detailed answer — step-by-step court process in Indiana

1. Step 1 — Determine how title passed and who holds legal ownership

   Start with a title search and the decedent’s estate documents (will, trust, deed). If the house passed outside probate (for example, by right of survivorship in joint tenancy or via a living trust), a full probate may not be required. If the decedent’s name still holds legal title, the estate or a personal representative likely must be appointed under Indiana probate law. For statutes governing administration of estates, see Indiana Code Title 29 (Probate): https://iga.in.gov/legislative/laws/2023/ic/titles/29.

2. Step 2 — If a minor owns an interest, the court must protect the minor’s share

   Indiana law treats a minor’s property interest differently. If a minor inherits a portion of the house (or an interest flows to a minor through intestacy or a will), the court usually requires either a guardian of the minor’s estate or a specific court order that approves the sale on the minor’s behalf. Guardianship rules are found in Indiana’s probate code: https://iga.in.gov/legislative/laws/2023/ic/titles/29#29-3. The guardian (or the personal representative, if the estate is open and authorized) acts for the minor in property transactions but must follow court instructions.

3. Step 3 — Open the right court proceeding and file a petition for authority to sell

   Depending on the situation you will file one of these petitions in the probate court that handles the estate or guardianship:

   • Petition in the estate administration asking the court to authorize the personal representative to sell the real estate; or
   • Petition in a guardianship requesting court authority for the guardian of the minor’s estate to sell the minor’s interest; or
   • If title is already held jointly and co-owners cannot agree, a partition action in civil court may be required to force a sale. See Indiana property law: https://iga.in.gov/legislative/laws/2023/ic/titles/32.

   The petition must identify the proposed sale, give factual background, state the proposed price or buyer, and explain why the sale is in the minor’s best interest.

4. Step 4 — Provide required notice and supporting evidence

   The court will require notice to all interested parties (heirs, devisees, creditors, co-owners and sometimes the county). You will usually attach a recent appraisal or market analysis, a copy of the purchase agreement (if there is one), and an account of the minor’s ownership share. The court needs enough information to determine whether the sale price is fair and whether sale terms protect the minor’s interest.

5. Step 5 — Court hearing and decision

   The judge will hold a hearing before approving the sale. When minors are involved the court focuses on the fairness of the transaction and whether the sale serves the minor’s best interest. The court may appoint a guardian ad litem or require independent counsel to represent the minor’s legal interests at the hearing. If the judge finds the sale appropriate, the court issues an order authorizing the sale and setting how the proceeds will be handled.

6. Step 6 — Handling sale proceeds and protections for the minor

   Even after the order, the court will typically require safeguards for a minor’s proceeds. Common protections include:

   • Placing the minor’s share into a court-supervised guardianship account;
   • Requiring the funds be invested under court direction; or
   • Approving a conservatorship-style arrangement or a blocked bank account until the minor reaches majority.

   The court order will direct distribution and may require an accounting by the guardian or personal representative.

7. Step 7 — Close the sale and comply with the court order

   Once the court signs an order authorizing the sale, the parties close with the buyer. At closing, the deed is transferred, and sale proceeds are distributed according to the court’s order. Any required filings (e.g., confirmation of sale and accounting) must be submitted to the court to complete the matter.

Practical considerations, timelines, and common issues

• Timeline: The process can take weeks to months depending on whether probate/guardianship must be opened, whether the sale is contested, and court scheduling.
• Costs: Expect court filing fees, attorney fees, appraisal and title costs, and possibly bonding or accounting costs for the guardian.
• Agreement among adult co-owners helps. If all adult owners and the court-appointed guardian agree on terms, the court generally approves a sale more quickly.
• If co-owners disagree, the matter can escalate into a partition or contested probate, which lengthens time and increases expense.

Helpful hints — practical checklist before you file

• Get a certified title report and a current appraisal or broker opinion of value.
• Confirm who holds legal title now and whether probate or guardianship is needed.
• Do not let any adult sign away a minor’s interest without a court order.
• Be prepared to show the court that the sale price is fair and that the transaction protects the minor’s funds.
• Consider a guardian ad litem or independent counsel for the minor if there is any dispute or potential conflict of interest.
• Ask the court (or your attorney) how the funds for the minor will be invested or administered after sale.
• Retain an attorney experienced in Indiana probate and guardianship law to prepare the petition, notices, and proposed order. This reduces the chance of delay or rejection by the court.

Where to look in the law

For the main governing statutes, see Indiana’s probate code (Title 29) covering estate administration and guardianship: https://iga.in.gov/legislative/laws/2023/ic/titles/29. For property and partition matters, see Indiana’s property statutes at Title 32: https://iga.in.gov/legislative/laws/2023/ic/titles/32.

Final note and disclaimer

This information explains typical Indiana procedures but is not legal advice. Your situation may have unique facts that change how the law applies. Contact a licensed Indiana attorney who handles probate and guardianship matters to discuss the specific facts and to prepare and file the necessary petitions and court documents.