Detailed answer: How partition actions and petitions for sale work in Minnesota when heirs include minors
This section explains how a Minnesota district court handles a partition action or a petition to sell real estate that is owned jointly by multiple heirs when one or more heirs are minors. This is a general explanation based on Minnesota law to help you know what to expect and what steps you will likely need to take. This is not legal advice.
1. Which court and what type of case?
You begin by filing a partition action (or a petition for sale) in the Minnesota district court in the county where the property is located. Partition is the legal process to divide jointly owned land or to force its sale if division in kind is not practical. See Minnesota statutes on partition: Minn. Stat. ch. 558 (Partition).
2. Who must be named as parties?
The petition must name all record owners and any known persons with an interest in the property — for example, heirs, devisees under a will, or persons shown on title. If an heir is a minor, the petition should identify that person as a minor and provide the name and contact information for any known legal guardian. If the guardian is unknown, the court will take steps to appoint someone to represent the minor’s interests during the case.
3. Representation and protection for minors
When an heir is a minor the court will require that the minor’s interest be protected. That generally occurs in one or more of the following ways:
- Appointment of a guardian ad litem or court-appointed attorney to represent the minor’s legal interests in the partition case.
- Appointment of a guardian of the minor’s estate or conservator if the minor will receive sale proceeds or needs someone to manage a share of the property. Guardianship and conservatorship matters are governed by Minnesota statutes on guardianship and protective proceedings: Minn. Stat. ch. 524 (Guardianship/Conservatorship/Protective Proceedings).
- Court supervision of how any sale proceeds are handled and distributed for the minor’s benefit (see item 6 below).
4. Will the court divide the land or order a sale?
Under Minnesota partition law the court examines whether the property can be fairly and practically divided (partition in kind). If division in kind is inequitable or impractical, the court can order the property sold and the net proceeds divided among the owners according to their interests. The court may appoint a commissioner or referee to conduct the sale. See Minn. Stat. ch. 558 for statutory authority.
5. Special steps the court may require because heirs are minors
Expect additional court protections and procedures when minors are involved:
- The court often requires notice tailored to minors’ interests and proof that the minor has independent representation (guardian ad litem or attorney).
- If the court approves a sale, it may require the minor’s proceeds to be paid into court or to a court-supervised account, rather than directly to a guardian, until the court approves distribution or the guardian is properly appointed and bonded.
- The court will evaluate any proposed settlement, sale price, or buyout to ensure the minor is not disadvantaged. If a family member or co-owner proposes to buy out the minor’s interest, the court must be satisfied the transaction is fair and in the minor’s best interest.
6. How sale proceeds for a minor are handled
If the property is sold, the court supervises distribution. The court may:
- place the minor’s share with a guardian of the estate, who must manage the funds under statutory rules;
- order funds deposited with the court or a blocked/bonded account until the minor is of age or until the court approves release; or
- require investment or restrictions on use to protect the minor’s long-term financial interest.
All of this is done under Minnesota statutes governing guardianships and conservatorships: Minn. Stat. ch. 524.
7. Practical steps to prepare before filing
Gather the following before you file a partition action:
- Title documents (deed, recent title search if available) showing current owners.
- Death certificate and probate documents, if the property passed by intestacy or through an estate.
- Names and contact information for all heirs and known lienholders or creditors.
- Any written agreements among owners, prior appraisal, or offers to buy out co-owners.
8. Timelines and costs
There is no fixed statewide timeline. Partition cases can be resolved in a few months if parties cooperate and there are few complications. If contested or if special protection for minors is required, the matter can take longer. Expect court filing fees, service costs, appraisal fees, commissioner/real estate fees if the court orders a sale, and attorney fees if you hire counsel.
9. Alternatives to court-ordered sale
Court action is not the only option. Heirs can instead:
- Agree to a private sale and division of proceeds, subject to court approval if a minor’s interest is involved;
- Arrange a buyout where one owner purchases others’ interests; if a minor is involved, the court must approve any settlement impacting the minor;
- Use mediation to resolve disputes and avoid litigation costs.
10. When to consult an attorney
If the case involves minors, competing claims, liens, or likely disagreement among heirs, you should consult a Minnesota attorney experienced in probate/real property litigation. An attorney can help prepare pleadings, protect minors’ interests, coordinate guardianship/conservatorship steps, and present the required protections to the court.
Relevant Minnesota statutes and resources:
- Partition: Minn. Stat. ch. 558 (Partition)
- Guardianship/Conservatorship/Protective Proceedings: Minn. Stat. ch. 524
- Minnesota Judicial Branch resources on probate and guardianship (general help): https://www.mncourts.gov
Reminder: This is a general educational summary and not legal advice. A lawyer licensed in Minnesota can explain how the law applies to your specific facts.
Helpful hints
- Start by identifying all owners and heirs and get certified copies of any death certificate or probate filings.
- Get a recent title report to reveal liens and exact ownership shares before filing.
- If a minor is an heir, identify any existing guardian or conservator and be ready to ask the court to appoint a guardian ad litem to protect the child’s interests.
- Consider a neutral appraisal early so the court has reliable value information if sale vs. division is disputed.
- Explore a negotiated buyout or mediation — those options often save time and fees compared with litigated partition.
- Keep records of any offers, repairs, taxes paid, or rent collected; the court may adjust distributions based on contributions or expenses paid by co-owners.
- Confirm whether the county requires local forms or procedures for filing a partition action — clerks’ offices can provide filing instructions.
- Speak with a Minnesota attorney experienced in probate and real property early, especially if minors or contested ownership interests exist.
Disclaimer: This article explains general Minnesota law and common court practices. It is for educational purposes only and does not create an attorney-client relationship. This is not legal advice. For advice about your specific situation, contact a licensed Minnesota attorney.