FAQ: How do I file a partition action or petition for sale of inherited real estate when some heirs are minors?

Short answer: In Michigan, a co-owner (including an heir) can ask the circuit court to partition real property or order its sale if partition in kind is impractical. When some heirs are minors, the court will require additional protections for those minors (appointment of a guardian of the minor’s estate, guardian ad litem, or court-approved next friend) and court approval of any sale or distribution that affects their interests. See Michigan’s partition statutes for the basic process: MCL 600.2801 and related sections.

Detailed answer — step-by-step under Michigan law

1. Confirm ownership and whether the property is already in probate

Before filing anything, identify who holds title right now. If the property is titled in the decedent’s name and probate is open, the personal representative (executor) may control the estate’s real property. If probate has closed and heirs hold title (for example, via deed or transfer-on-death), any co-owner may begin a partition action.

2. Decide whether you seek partition in kind or a sale

Michigan law allows an action for partition — to physically divide land or to sell it and split the proceeds. If the land cannot be fairly divided without injury to parties’ interests, the court can order sale and distribution of proceeds. The statutory starting point for a partition action is MCL 600.2801. In practice, many courts order sale when division would be impractical, uneconomic, or would harm the property’s value.

3. Who can file and where to file

Any co-owner (including an heir with a present ownership interest) may file a petition for partition in the circuit court for the county where the real property is located. The petition names all co-owners and putative co-owners as parties so the court can resolve all interests in the property.

4. How minors are protected in the case

Because minors cannot represent themselves in litigation, the court will require the minor’s interest to be protected before approving sales or distributions:

Appointment of a guardian of the minor’s estate (through probate) to represent and manage the minor’s property interests; or
Appointment of a guardian ad litem (or similar court-appointed representative) in the partition case to advocate for the minor’s best interests; or
Use of a court-approved “next friend” or a stipulation approved by the court where appropriate and safe for the minor.

The practical effect: any final order selling the property or approving distribution that impacts the minor’s interest will usually require explicit court findings that the minor’s interest is protected and that the sale is in the minor’s best interest.

5. The petition and required contents

The petition should:

Identify the property and its legal description;
Name all owners and their addresses (including minors by name and guardian information if known);
Explain the type of relief requested (partition in kind or sale);
State whether probate is open or closed and who is the personal representative, if any; and
Provide facts supporting why partition or sale is appropriate.

6. Notice and service

All co-owners must be served with the petition according to Michigan civil procedure. For minors, service often goes to their parent or guardian. The court may require special proof that the minor’s interests were properly represented.

7. Court process and possible outcomes

Typical steps after filing:

Initial case management and possible mediation among co-owners;
Appointment of a guardian ad litem or referral to probate for appointment of a guardian of the estate for any minor parties;
Evidence and hearings on whether partition in kind is practicable and equitable;
If sale is ordered, the court will set the manner of sale (private sale with bidding, judge-directed sale, or sale by a court-appointed commissioner), confirm the sale, and authorize distribution of proceeds.

The court’s sale order will include instructions about sale mechanics, payment of liens, costs, and distribution of net proceeds to the parties (including minors, whose proceeds may have to be handled through the probate court). If minors receive proceeds, the court or probate court will typically protect those funds (for example, through a blocked account, guardianship of the estate, or other protective order).

8. Costs, liens, and proceeds

The court will pay liens and valid encumbrances before distributing proceeds. Court costs, commissioner fees, and attorney fees may also be paid from sale proceeds, depending on court orders and agreements.

9. When probate is still open or the estate holds title

If the property is still part of an open probate estate, coordinate with the personal representative. Often the personal representative can seek court approval in probate or join a partition action in circuit court. If minors are beneficiaries, probate and circuit courts coordinate to ensure the minors’ interests are protected.

10. Practical tips on timing and expected timeline

A partition action timeline varies widely. If parties agree, a sale can happen faster. If the case goes contested and the court must appoint guardians or take evidence, it can take many months. Anticipate additional time if probate actions are needed to protect minor interests.

Helpful Hints

Gather documents before filing: deed, death certificate, probate case number (if any), mortgage or lien records, and a recent title report.
Talk to the personal representative if probate is open — cooperation can avoid separate litigation.
Expect the court to require special representation for minors — begin the guardianship or guardian-ad-litem process early.
Get a professional appraisal early to support whether partition in kind is feasible or whether sale is necessary.
Consider mediation early — co-owners who can agree on sale terms and distribution avoid time and expense.
If sale proceeds will be held for minors, ask the court how those funds will be protected (guardianship of the estate, blocked account, or specific trust arrangement).
Check local circuit court rules and filing requirements for the county where the property is located. Courts may have forms or local practices for partition actions involving minors.
Retain an attorney experienced in Michigan real property and probate issues. An attorney can prepare filings, coordinate with probate, and present waivers or agreements to the court that protect minor interests while minimizing delay.

Key Michigan Statute

The primary starting point for a partition action under Michigan law is MCL 600.2801. Read the statute here: MCL 600.2801. That chapter contains related provisions governing how partition actions and sales are handled by the circuit court.

Where to get more information and help

Contact the circuit court clerk in the county where the property sits for filing instructions and local forms. If you are dealing with minors’ interests, consult the probate court in that county about guardianship of the minor’s estate.

Disclaimer

This article explains general Michigan procedures and is for educational purposes only. It is not legal advice. Laws change and facts matter. For advice specific to your situation — especially when minors are involved — consult a licensed Michigan attorney or the appropriate probate or circuit court.