Detailed answer — step‑by‑step explanation

1. What is a partition action or petition for sale?

A partition action asks the court to divide property among co‑owners (partition in kind) or, if division is impractical, to order a sale and split the proceeds (partition by sale). Heirs who inherit real property as tenants in common can file for partition when they cannot agree on what to do with the property.

2. Where to file in Maryland

File a partition action in the Maryland circuit court for the county where the property is located. The circuit court has authority over real property partition matters and related relief (for local court information and civil procedure rules, see the Maryland Judiciary: https://www.mdcourts.gov/).

3. Who may bring the action?

Any co‑owner (including an heir or personal representative) who has an ownership interest may file. If the property is still part of the decedent’s probate estate, the personal representative may have authority to sell under the will or court order; otherwise, heirs may file directly for partition.

4. How the presence of minor heirs changes the process

Maryland courts require special steps to protect minors’ property interests:

• Appointment of a guardian ad litem or counsel: The court normally appoints a guardian ad litem (or requires a guardian or conservator) to represent a minor’s interest in the partition action so the minor’s rights are fully protected during litigation and any sale.
• Court approval for sale and distribution: If the court orders a sale, it will supervise how sale proceeds are handled for minors. The court often requires that the minor’s share be paid into the court or handled by a legally appointed guardian or conservator until the minor reaches majority or until a separate guardianship/conservatorship proceeding is in place.
• Bond, investments, or restrictions: The court may require bonds or limits on how proceeds are disbursed. The court will approve any compromises or settlements involving a minor.

5. Typical procedural steps in a Maryland partition action when minors are involved

1. Prepare a complaint/petition for partition. Identify all owners/heirs and their interests and describe the property.
2. Join all necessary parties. All co‑owners and parties with recorded interests should be named so the court can finally resolve title and distribution.
3. Provide notice and service. Minors must be served just as adults are. The court will ensure minors have appropriate representation; you may also notify the county’s appropriate child/guardian services if required by local practice.
4. Appointment of counsel/guardian ad litem. The judge will appoint someone to represent each minor if needed. That person investigates and reports to the court and protects the minor’s financial interest in any settlement or sale.
5. Valuation and attempts to partition in kind. The court may order an appraisal and explore whether the property can be divided fairly among the owners.
6. If division in kind is impractical, the court orders a sale. The court supervises the sale (private sale or public auction) and sets conditions to protect minors’ proceeds.
7. Distribution of proceeds. The court determines each party’s share. For minors, the court typically requires that proceeds be placed under court supervision, paid to a guardian with court approval, or otherwise protected until the minor attains majority.

6. Interaction with probate

If the property is still titled in the decedent’s name or the estate is still open, the personal representative may have the authority to sell property if the will or a court order allows it. Sometimes it is efficient to seek sale authority in the probate or estate proceeding rather than a separate partition action. Discuss with probate counsel which path reduces delay and protects minor heirs.

7. Practical evidence and documents you will need

• Death certificate and will (if any).
• Title documents and deed history.
• Heir information: names, addresses, dates of birth for minors, and any guardians or parents.
• Appraisals, tax records, mortgage statements, and leases if property is rented.
• Probate court docket number (if the estate is open).

8. Timeline and costs

Timeline varies. A straightforward partition can take several months. Cases with minors, contested ownership, or title disputes commonly take a year or longer. Costs include court filing fees, service expenses, appraisal fees, attorney fees, and guardian ad litem fees. The court can allocate costs and fees among parties in its discretion.

9. Alternatives and settlement options

Because partition litigation can be slow and costly, consider alternatives:

• Buyout: One heir buys out the others using an agreed valuation.
• Voluntary sale: All heirs agree to sell and share proceeds under a written agreement approved by the court for minors.
• Mediation: A neutral mediator can help reach an agreement that avoids a contested partition case and reduces court control over minor proceeds.

10. Where to look for Maryland statutes and local rules

General information about Maryland courts and rules is on the Maryland Judiciary website: https://www.mdcourts.gov/. For the text of Maryland statutes (including Real Property and other relevant chapters), use the Maryland General Assembly online statutes: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText. Your circuit court clerk’s office can explain local filing requirements and forms.

11. How an attorney can help

An attorney can:

• Prepare and file the complaint or probate petition correctly.
• Ensure minors receive court‑appointed representation and that their financial interests are protected.
• Handle title issues and coordinate appraisals and sale procedures.
• Negotiate settlements or buyouts and seek court approval of agreements involving minors.

Helpful Hints

• Begin by checking whether the decedent’s estate is open in probate. If so, discuss sale authority with the personal representative before filing a separate partition action.
• Identify all heirs and confirm which are minors. For minors, collect birth certificates and contact information for parents or guardians.
• Ask the court early about guardian ad litem procedures and expected fees so you can budget appropriately.
• Get at least one recent appraisal before petitioning for sale. A professional valuation supports your request for sale and allocation of proceeds.
• Consider mediation or a negotiated buyout to reduce costs and give you more control of timing and proceeds handling for minors.
• Keep records of all offers, repairs, and expenses related to the property—they affect net proceeds and may be reimbursed from sale proceeds after court approval.
• Understand that the court protects minor heirs. Expect additional procedural safeguards and possible delays when minors are involved.