Short overview: When a house is inherited by more than one person and one or more heirs are minors, you generally cannot complete a sale without court involvement. Kentucky law requires a court-approved representative for a minor’s interest (usually a guardian of the minor’s estate or the personal representative of the decedent’s estate) and a formal court order authorizing the sale. The court’s job is to protect the minor’s share and confirm the sale is in the minor’s best interest.

Step-by-step process (typical steps in Kentucky)

1. Confirm ownership and whether probate is required.

   Find the deed, the decedent’s will (if any), and any transfer-on-death or joint-tenancy documents. If title vests in the heirs through the decedent’s will or by intestacy, the estate will normally be administered through the probate process or otherwise handled by the decedent’s personal representative. If the property already passed outside probate (rare), the route may differ.

2. Establish who can sign for the minor’s share.

   Minors cannot generally execute binding real estate conveyances for their own property. One of these will typically be necessary:

   • A guardian of the minor’s estate appointed by the court; or
   • The personal representative (executor/administrator) of the decedent’s estate, if the sale is being done through estate administration and the court authorizes it; or
   • If already in place, a conservator or other court-appointed fiduciary with the power to sell real property.

   To open a guardianship or estate administration you file the appropriate petition in the court that handles probate/guardianship matters in the county where the property or decedent was located. The Kentucky Court of Justice has practical information about guardianship and probate processes: https://courts.ky.gov/selfhelp/guardianship/Pages/default.aspx and https://courts.ky.gov/selfhelp/Pages/ProbateandEstate.aspx.

3. Prepare supporting materials for the court petition.

   Courts expect evidence that a sale is reasonable and that the minor’s interests will be protected. Typical materials include:

   • Death certificate and probate papers or letters of administration/executor;
   • Title documents (deed), property tax records, mortgages or liens;
   • A recent professional appraisal or broker’s market analysis to show fair market value;
   • Proposed sale contract or description of proposed sale terms (listing agreement, offer, or sale procedure);
   • A proposed order explaining how sale proceeds will be handled (blocked account, investments, or distribution plan).
4. File a formal petition or motion asking the court to authorize the sale.

   The petition is typically filed in the probate or guardianship division of the local court handling the estate or guardianship. The petition asks the judge to approve the sale of the real property and to authorize the guardian or personal representative to execute the deed on the minor’s behalf. The court will require proper notice to all interested parties (other heirs, lienholders, and sometimes the minor through a guardian ad litem).

5. Provide notice and, if required, appoint a guardian ad litem.

   Kentucky courts require notice to interested persons so they can object. When a minor’s interest is involved the court commonly appoints a guardian ad litem or independent counsel to protect the minor’s interests in the sale process.

6. Attend the court hearing and show the sale is in the minor’s best interest.

   At the hearing the judge will consider whether the sale price is fair, whether the sale process is reasonable, and how the proceeds will be protected or used for the minor. The judge may approve the sale, reject it, or require modifications (for example obtaining a higher appraisal, selling at public auction, or requiring sale proceeds be held in a blocked account).

7. Complete the sale under the court’s order.

   Once the court signs an order authorizing the sale, the guardian or personal representative may sign the deed for the minor’s share and close the sale. The order will specify who signs, how proceeds are disbursed, and what court approvals are needed before distributing funds.

8. Handle the proceeds according to the court’s directions and provide accountings.

   Court orders commonly require that the minor’s proceeds be deposited into a blocked account, placed in court-approved investments, or otherwise safeguarded until the minor reaches majority or until further court order. Periodic accountings may be required to show how funds were managed. The fiduciary must follow Kentucky’s reporting and bonding requirements for guardians or personal representatives.

Who pays closing costs, liens, taxes?

The sale process must address outstanding mortgages, liens, property taxes, and reasonable closing costs. The petition to the court should disclose liens and propose how to pay them from sale proceeds before distributing the minor’s share.

Common timelines and delays

Expect additional time compared with an ordinary sale. The court process (appointments, notice periods, appraisals, hearings) can add weeks or months. If multiple heirs object or the court requires higher safeguards (e.g., sale at public auction), the timeline lengthens.

Where to look for Kentucky rules and forms

General resources:

• Kentucky Court of Justice — guardianship information and forms: https://courts.ky.gov/selfhelp/guardianship/Pages/default.aspx
• Kentucky Court of Justice — probate and estate basics: https://courts.ky.gov/selfhelp/Pages/ProbateandEstate.aspx
• Kentucky Revised Statutes and statutory research portal: https://apps.legislature.ky.gov/law/statutes/

Note: Specific statutory citations (for guardianship, duties of personal representatives, bonding, and accounting) are available in the Kentucky Revised Statutes. For precise statutory language or to confirm filing venues and local practice, consult the statutes link above and the local court clerk.

When to hire an attorney

Because courts protect minors’ interests and probate/guardianship procedures are technical, you should strongly consider hiring a Kentucky probate or guardianship attorney when a minor’s interest is involved. An attorney can prepare petitions, collect necessary evidence (appraisals, title searches), handle notice and hearings, and create orders that protect the minor while enabling the sale.

Important: This is a general roadmap. Local court procedures differ among Kentucky counties and individual circumstances (wills, liens, trusts, special needs of the minor, or co-owner disputes) change the steps needed.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Kentucky attorney.