Detailed answer: what to know and the usual steps

When multiple heirs inherit real property and they cannot agree on keeping or dividing the land, an heir (or other interested person) can ask the court to divide the property (partition) or to sell the property and divide the proceeds (partition by sale). In Mississippi, these matters are normally handled in chancery court because chancery courts have jurisdiction over equity matters, probate and disputes about real estate interests.

Who can file

Any cotenant (an heir who holds an ownership interest) or other person with an interest in the property may file a complaint for partition. If the decedent’s estate is still open in probate, the executor, administrator, or personal representative might also ask the court to sell property of the estate. If some heirs are minors, you still name them as parties because the court must protect the minor’s property interest.

Where to file and which court handles it

File the complaint in the chancery court of the county where the property is located. Chancery court typically handles partition, sale of real property when equitable relief is required, and probate matters. For general information about Mississippi chancery courts, see the Mississippi Judiciary site: https://courts.ms.gov/.

How minors affect the case

Minors cannot represent themselves in court. When a minor is a party with an ownership interest, the court must appoint someone to represent the minor’s legal and financial interests. Common protections include:

• Appointment of a guardian ad litem (GAL) to represent the minor’s position in the partition case;
• Appointment of a guardian of the minor’s estate, or designation of an existing guardian, if the minor’s interest must be managed or proceeds held for the minor;
• Court approval for any sale of the minor’s property interest and for how sale proceeds will be handled (often deposited with the court or placed in a supervised account).

The court will ensure that the minor’s share is protected and will often require additional steps (bonds, supervised accounts, or detailed accounting) before releasing funds to a minor or the minor’s guardian.

Typical steps and filings

1. Prepare and file a Complaint for Partition (or a Petition for Sale) in chancery court. The complaint should name all owners, heirs, and any lienholders or persons with recorded interests.
2. Serve all parties. For minors, also provide notice to any known parents or legal guardians and follow the court’s rules for serving minors and guardians.
3. Ask the court to appoint a guardian ad litem for any minor defendants or interested parties, if one is not already appointed.
4. Present evidence on whether the property can be divided fairly (partition in kind) or whether a partition by sale is appropriate because division would be impracticable or would materially prejudice some owners.
5. If the court orders a sale, it will issue an order describing how the sale will proceed (public auction, private sale with confirmation, appraisal requirements, advertising, etc.).
6. After sale, the court will confirm the sale, resolve liens or claims, and order distribution of proceeds. For minors, distribution often requires the court’s approval and instructions for how proceeds are to be held or distributed to protect the minor’s interest.

What a guardian ad litem does

The guardian ad litem is a court-appointed lawyer or interested adult whose job is to independently represent the minor’s best interests in the litigation. The GAL investigates facts, consults with the court, and may recommend whether to partition or sell and how sales proceeds should be handled for the minor’s benefit.

When the minor already has a legally appointed guardian or conservator

If a minor already has a guardian of the estate appointed under Mississippi guardianship or probate law, that guardian often appears for the minor’s financial interests. The court still reviews transactions that affect the minor’s property and may require additional approvals, bond, or accounting from the guardian.

How proceeds are protected for minors

The court will typically direct that a minor’s share be:

• Paid into the court registry or a blocked account;
• Placed with a state or federally-insured custodial account; or
• Paid to a formally appointed guardian of the estate subject to court supervision and accounting.

Timing and hearings

Partition cases can take several months. Expect hearings for appointment of a GAL, a hearing to decide whether partition in kind is practical or whether a sale is necessary, and hearings to approve the terms of sale and confirm distribution. If contested, the case can take longer and may require discovery and testimony.

Relevant Mississippi law and resources

Mississippi law gives chancery courts authority over partition, sale, and guardianship/probate matters. For the official code and related statutes, consult the Mississippi Legislature and the Mississippi Judiciary resources:

• Mississippi Legislature online (for statutes and code references): https://www.legislature.ms.gov/
• Mississippi Judiciary / Chancery Courts information: https://courts.ms.gov/

Note: specific statutory sections that govern guardianship, probate, and court procedures may be cited by your attorney when preparing a petition. A local attorney will use the precise Mississippi Code sections applicable to your situation and obtain the required orders from the court.

Helpful hints

• Start by checking whether the property is already in a probate estate. If so, the personal representative might be able to move for sale through probate channels; if not, file in chancery court.
• Identify and list every heir, lienholder, buyer with equitable interest, or person with an apparent claim — omissions can delay the case or invalidate a sale.
• Expect the court to require a guardian ad litem for each minor named as a party; be prepared to provide names and contact information for parents or existing guardians.
• Obtain a current title report and any surveys or tax records. The court and potential buyers will want clear title information before ordering a sale.
• Consider a negotiated sale agreement among heirs before filing. Courts favor settlements; if everyone agrees on a sale price and distribution, you can present the agreement to the court for approval, which can be faster and less costly than a fully litigated partition.
• Plan for how the minor’s share will be held. The court often requires funds to be held in a blocked or supervised account until the minor reaches majority or receives court approval to disburse funds for specific needs.
• Hire a Mississippi chancery/practice attorney experienced with partition and probate work. Cases with minors add procedural and evidentiary steps that an experienced lawyer can handle efficiently.
• Be realistic about costs: attorney fees, appraisal fees, advertising and sale costs, and possible guardian bonds will reduce net proceeds.
• If time is urgent (e.g., property taxes or mortgage payments are due), ask the court for interim relief such as appointment of a temporary guardian of the estate or authorization to use estate assets to pay necessary bills.