Detailed Answer

Overview

If one or more heirs are minors, Kentucky courts will still allow a partition action (or a petition to sell property held by multiple owners) but will take extra steps to protect the minor heirs. Partition actions in Kentucky are governed by the Kentucky statutes addressing partition of land and by the circuit court’s procedures. See KRS Chapter 381 for Kentucky’s partition rules (Kentucky Revised Statutes are available at the Kentucky Legislature’s website: https://apps.legislature.ky.gov/statutes/).

Which court hears the case?

Real-property partition and petitions for sale are filed in the Kentucky Circuit Court in the county where the property lies. If the property is still part of an open probate estate, consult the probate or estate file as the handling may involve both probate and circuit court steps.

Key legal protections for minors

• The court must protect the legal interests of any minor heirs. The judge will generally require representation for minors, commonly by a guardian ad litem or by an appointed guardian for the minor’s estate or person.
• If the court orders sale of the property, the court will ensure that the minor’s share of the sale proceeds is safeguarded — for example, by directing funds to be paid to a guardian, invested under court supervision, or handled through a probate/conservatorship account until the minor reaches the age of majority.

Typical steps to file and complete a partition or petition for sale when some heirs are minors

1. Confirm ownership and title. Obtain the deed, death certificate of the decedent, any will, and the current property deed showing tenancy in common or other form of co-ownership.
2. Identify all heirs and interested parties. List every owner, lienholder, mortgagee, and party with an interest in the property, including the names and contact information of parents/legal guardians of minor heirs.
3. Decide what relief to request. The petition (complaint) should clearly ask the court for partition in kind (divide the land physically), or, if that is impracticable or inequitable, for sale of the property and division of proceeds.
4. Prepare and file the complaint/petition in circuit court. The complaint should identify the property by legal description, state the ownership shares of each heir (if known), name all parties, and request partition or sale. File in the county where the property is located and pay the filing fee or request a filing-fee waiver if eligible.
5. Serve all parties, including notice for minors. Serve the complaint on every owner and any lienholders. If a named owner is a minor and has a court-appointed guardian, serve the guardian. If no guardian exists, the court will typically appoint a guardian ad litem to represent the minor’s interests.
6. Court appointment of a guardian ad litem or guardian. For a minor, the court often appoints a guardian ad litem to represent the child’s interest for the partition case. In some situations the court will require a full guardianship or conservatorship for the minor’s proceeds; that process may occur in probate or family court depending on circumstances.
7. Discovery, valuation, and potential mediation. Parties may exchange information, obtain appraisals, and the court may encourage or require mediation. If the court finds partition in kind is impractical (for example, because division would yield unequal or unusable parcels), the court may order sale.
8. Sale process and protection of minors’ proceeds. If the court orders sale, it will direct how the sale is to occur (public auction or private sale with court approval). The court will protect minors’ shares — for example, directing proceeds to be deposited with the clerk, paid to a court-supervised guardian, or invested until the minor reaches majority or until the court orders distribution.
9. Final accounting and distribution. After sale and payment of liens, costs, and fees, the court will enter an order distributing the net proceeds according to ownership shares. Money for minors will be handled consistent with the court’s protective measures.

Common documents the court will expect

• Complaint/petition for partition or sale
• Deed and legal description of the property
• Death certificate and any will or probate filings (if applicable)
• Copies of any mortgages, liens, or judgments affecting the property
• Affidavits of service and statements identifying guardians or parents of minors
• Appraisals or valuations (often obtained during the case)

Where the probate estate is still open

If the decedent’s estate is still being administered, the personal representative (executor/administrator) often must address the property as part of the probate process. The administrator may petition the probate court to sell estate real property for distribution, and the probate court will protect minor beneficiaries’ interests. Talk with the probate clerk about whether the right procedure is to seek sale via the probate case or to file a separate partition action in circuit court.

Statute references and resources

Kentucky’s statutory framework for partition and court procedures is found in the Kentucky Revised Statutes. For a starting point, consult the Kentucky Revised Statutes and local court rules at the Kentucky Legislature site: https://apps.legislature.ky.gov/statutes/. For court procedures and local filing rules, consult the Kentucky Court of Justice: https://kycourts.gov/.

Helpful Hints

• Hire an attorney with experience in Kentucky partition and probate law. Protecting a minor’s share can involve specialized procedures.
• Bring complete documentation to your first meeting: deed, death certificate, will (if any), mortgage statements, tax bills, and contact info for all heirs and guardians.
• Expect extra time and cost when minors are involved. Courts add steps (guardian ad litem appointments, special notices, protective orders for funds) to safeguard children.
• Consider whether a negotiated buyout or voluntary sale among the adult heirs could avoid litigation costs and a court-ordered sale.
• If a guardian ad litem is appointed, understand that they represent the minor’s legal interests — not necessarily the wishes of the child’s parent.
• When proceeds are held for a minor, ask the court how the funds will be invested, whether court approval is needed to spend on the child’s benefit, and how distributions occur when the child reaches majority.
• Check whether any liens, taxes, or mortgage payments are due on the property before sale — those must typically be paid from sale proceeds.
• If you are an heir under disability (minor or otherwise), do not accept or distribute funds without court approval or proper guardianship procedures; improper handling can lead to liability.

When to Get Help

Consult an attorney promptly if: you are uncertain who the heirs are; a minor’s interest is involved; a mortgage or lien exists; the estate is still open; or disagreements among heirs are likely. An attorney can advise whether to proceed in probate or file a circuit-court partition action, and can help secure appropriate court protection for minors.

Disclaimer: This article is for general informational and educational purposes only and does not constitute legal advice. It explains general concepts under Kentucky law but does not address specific facts. For advice about your situation and current statute language or court rules, consult a licensed Kentucky attorney.