Detailed Answer — step-by-step guide under Maryland practice

Selling real property that was inherited by multiple people — when one or more heirs are minors — usually requires more paperwork and court oversight than an ordinary real estate sale. Below is a practical, stepwise roadmap that explains the common Maryland procedures and who typically does what.

1. Identify how ownership passed and who owns the property

First, determine how title to the house vested after the decedent’s death:

• Did the decedent leave a will naming a personal representative (executor)?
• Did the property pass by intestacy (no will) to heirs?
• Was the property held in joint tenancy, tenancy by the entirety, or in a trust?

The next steps depend on the answer. If ownership is now in the decedent’s estate, the estate’s personal representative usually handles sale procedures. If title already passed automatically to named joint owners or a trust, the sale may proceed under those documents — but minors still cannot manage or directly receive their share without proper supervision.

2. Determine whether probate (estate administration) or a simplified process is required

In Maryland, some small estates or transfers may be handled by simplified procedures; many situations involving real property, however, require opening an estate in the Register of Wills and obtaining the authority (letters testamentary or letters of administration) for a personal representative.

Contact the county Register of Wills where the decedent lived to learn whether probate is necessary. The Register can also explain small-estate procedures for personal property (these often do not apply to real estate).

Maryland resources on probate and estate administration are available from the Maryland Judiciary and the Registers of Wills: https://www.marylandcourts.gov/registers-of-wills

3. If minors are heirs, a guardian or custodian must be appointed or a custodial transfer must be used

Minors cannot manage real estate or receive sale proceeds directly. Two common paths exist:

• Appoint a guardian of the minor’s property (or a court-supervised conservator) through the appropriate Maryland court. The guardian manages or approves the sale on the minor’s behalf, and the court supervises how proceeds are held and later distributed.
• Create a custodial arrangement under applicable Maryland custodial-transfer rules (for example, transfers under the Uniform Transfers to Minors Act or other statutory custodial mechanisms where available) — a custodian holds the minor’s monetary interest until the minor reaches the statutory age.

Which route applies depends on how title has vested and the nature/size of the minor’s interest. The Register of Wills or a probate attorney can advise which procedure is appropriate in your county.

4. If sale requires court approval, file the necessary petition in probate or circuit court

When an estate’s personal representative or a guardian needs to sell the real property, they commonly must file a petition with the court requesting authority to sell the property and asking the court to approve the terms (purchase contract, sale price, buyer, and any proposed distribution of proceeds). The court will require:

• A proposed sale contract or offer
• An appraisal or market evidence supporting the sale price
• Notice to interested parties (heirs, devisees, creditors, and, in many cases, the minor’s guardian ad litem)
• Proof that sale is in the best interest of the estate and, for minor heirs, that proceeds will be protected for the minor

After notice and a hearing (if required), the court may enter an order authorizing the sale and setting any conditions (e.g., how funds must be held for a minor’s benefit).

5. Provide proper notice and protect minor heirs’ interests

Maryland courts emphasize adequate notice and protection for minors. Typical protections include appointment of a guardian ad litem to represent the minor’s interest in the sale proceeding, and placing the minor’s share of proceeds in a blocked account, guardianship account, or court-approved custodial arrangement until the minor reaches the age of majority or as otherwise ordered.

6. Closing, distribution, and accounting

Once the court signs the sale order and closing occurs, proceeds are distributed according to the court order, the will, or intestacy rules. If minors are involved, the guardian or custodian must follow court rules for holding and accounting for the minor’s share, often requiring periodic accountings to the court.

7. If co-owners disagree, a partition or court-forced sale may be necessary

If any co-owner refuses to sell, an heir or owner can file a partition action in the appropriate Maryland court asking either for division of the property or sale and division of proceeds. The court can order a sale over the objection of co-owners and will still protect minors’ shares through guardianship or custodial safeguards.

Key Maryland resources

• Register of Wills information and county contacts: https://www.marylandcourts.gov/registers-of-wills
• General Maryland Judiciary information about probate, guardianship, and court forms: https://www.marylandcourts.gov
• Maryland General Assembly website (for statutory text and code research): https://mgaleg.maryland.gov

Because statutes and local court practices can vary and change, get county-specific guidance from the local Register of Wills or a Maryland attorney familiar with probate, guardianship, and real estate procedures.

Helpful Hints

• Start at the Register of Wills: they can tell you whether probate is required where the decedent lived.
• Collect the deed, will (if any), title report, and any mortgage or lien information before attempting a sale.
• Get a professional appraisal to justify the sale price to the court, especially when minors are heirs.
• Anticipate longer timelines when minors are involved — courts require extra steps to protect children’s financial interests.
• Consider a qualified estate/probate attorney early. They can prepare petitions, ensure proper notice, and reduce the chance of delays or objections.
• If co-owners can cooperate, a private sale with court confirmation is often faster than contested proceedings or partition litigation.
• Keep clear records of all transactions and expenses; courts and guardians must account for how minor heirs’ funds are handled.
• Be mindful of tax consequences on the sale (capital gains basis rules for inherited property). Consult an accountant or tax attorney for specifics.