Detailed answer — how the process generally works in Maine

Partition is the legal process that lets co-owners of real property divide the property physically (partition in kind) or force a sale and divide the proceeds (partition by sale). In Maine, a partition action is brought in the civil court for the county where the property lies. Because minors cannot manage property or enter binding transactions for themselves, the court must protect any minor heir’s interest before the property can be sold or an interest conveyed.

Who may bring or be joined to a partition action?

• Any person who holds an ownership interest in the property (title, deeded interest, or a legally recognized heir) may file for partition, or be named as a party to one.
• All owners and heirs must be notified and made parties to the case so the court can determine and protect each person’s legal share.

How minors are handled — guardians and guardian ad litem

Because minors cannot represent themselves, Maine courts will protect their property interests in one (or both) ways:

• Probate appointment of a guardian of the minor’s estate or conservator who can act on the minor’s behalf with court approval for major actions (for example, sale of real property or settlement of the minor’s claim). The probate court controls guardianship of a minor’s estate.
• The civil court handling the partition may require appointment of a guardian ad litem (a lawyer or other representative) to look after the minor’s interests in the partition case and to report to the court.

Typical step-by-step path

1. Identify all heirs and owners, including minors, and their legal interests. Obtain death certificate and copy of the decedent’s deed or will if available.
2. If the estate is going through probate, determine how title to the property was transferred by the probate process. Sometimes the personal representative distributes property subject to later partition by the heirs — other times the property stayed in decedent’s name and requires probate action to clear title.
3. If minors hold an ownership interest, consider opening a probate guardianship for the minor’s estate so someone can legally represent the minor for property transactions. The probate court oversees that guardian and any required accounting.
4. File a partition complaint in the appropriate Maine civil court (the county where the real property is located). Name every person with an interest, and identify any minors. Ask the court either for partition in kind or for a judicial sale and allocation of proceeds.
5. The court will require service on all parties. For minors, service is usually on the minor’s guardian or guardian ad litem; if none exists the court will generally appoint a guardian ad litem to represent the minor’s interests in the case.
6. If the court orders sale, the court supervises the sale or authorizes an officer (often a sheriff or a court-appointed commissioner) to sell the property at auction or private sale under court-approved terms. The court then distributes proceeds by ownership share, but a minor’s share may be handled specially (see next item).
7. The minor’s share of sale proceeds usually must be handled under probate supervision — it may be paid to a guardian for the minor’s estate, deposited in a blocked account, or invested as the probate court requires. The court may require bond or other protections before money is released for a minor’s benefit.

When will a probate court be involved?

Probate court is the proper forum to appoint a guardian of the estate for a minor and to approve sales or settlements involving a minor’s property interests. Even if the partition action is in civil court, the parties commonly coordinate with the probate court so that the guardian of the minor’s estate can consent or the probate court can authorize the disposition of the minor’s share.

Practical points and likely court protections

• The civil court will not allow a partition or sale that unfairly harms a minor’s interest. You should expect the court to require explicit findings protecting the minor and to require the minor’s representation (guardian ad litem or guardian of estate).
• Courts often prefer family settlements: a buyout by adult co-owners, a negotiated sale with court approval, or mediation that avoids a contested partition. If family members can agree, the process is much faster and cheaper.
• Costs: expect filing fees, service costs, possible appraisals, auction expenses, and attorney fees. If a guardian bond is required, there may be bond premium costs. Minors’ accounts may require ongoing accounting reports to probate court, which also adds expense and time.

Hypothetical example

Three siblings inherit a camp: Sister A (age 36), Brother B (age 34), and Child C (age 12). Sister A wants the court to sell and divide proceeds. The family opens a probate to transfer title to the heirs. Because Child C is a minor, the probate court appoints a guardian of Child C’s estate. The adult siblings file a partition action in the civil court naming Sister A, Brother B, and the guardian for Child C. The civil court orders a sale. The court supervises the sale; proceeds are distributed so Child C’s share goes to the guardian of estate and is placed under probate supervision until Child C reaches majority or until the court orders otherwise.

Legal resources and where to look in Maine

For statute text and general statutory structure, use the Maine Revised Statutes hosted by the Maine Legislature: https://legislature.maine.gov/statutes/.

For probate and guardianship processes (appointment of a guardian of the estate for a minor), see materials on the Maine Judicial Branch probate and guardianship pages: https://www.courts.maine.gov/maine_courts/probate/. These pages explain how guardianships, conservatorships, and probate administration work in Maine.

Note: specific statute and rule citations depend on the facts (for example, whether title passed through probate, whether the minor’s interest is fee simple or a dower/curtesy-type interest, etc.). If you need precise statutory language for a court filing, consult the Maine Revised Statutes at the link above or contact a Maine attorney for help.

Helpful Hints — checklist and tips for filing partition or petition for sale when heirs are minors

• Start by gathering the decedent’s deed, will, death certificate, and any probate paperwork. Clear title issues early.
• Identify every owner and heir and their contact details. Minors need a parent or guardian listed and a potential guardian of estate identified.
• Contact the local probate court early to learn requirements for appointing a guardian of a minor’s estate and what approvals are required to pay out or invest a minor’s share.
• Consider alternatives to partition: negotiated buyout by other heirs, sale by agreement, or mediation — these save time and money and reduce court interference with minor interests.
• Expect the court to require appraisals; get at least one professional appraisal before filing if you can. Courts rely on appraisals when determining fair sale or buyout value.
• Involve an attorney experienced in Maine probate and real property litigation. If cost is an obstacle, look for local legal aid clinics, moderated mediation, or limited-scope assistance programs (some lawyers will help with specific tasks rather than handle the entire case).
• If the partition leads to sale proceeds for a minor, expect the money to be held under probate control (blocked account or guardian-managed account), and expect periodic accountings to the probate court until the minor reaches majority or the court orders distribution.
• Keep thorough records of all notices, filings, appraisals, offers, and court orders — courts will scrutinize transactions that affect minors closely.