Missouri: Court Approval to Sell an Inherited Home When Co-Owners Include Minors | Missouri Probate

Detailed Answer

Short overview: When a home is inherited by multiple co-owners and one or more co-owners are minors, you usually cannot complete a market sale privately without court involvement. Missouri law requires court supervision to protect minors’ interests. The typical path is to sort out who has legal authority over the property (personal representative, guardian/conservator, or the heirs themselves), obtain a court order authorizing the sale (or pursue a partition), provide required notice and appraisal evidence, and appoint someone to receive and hold the minor’s share of sale proceeds. Below are the common steps, practical tips, and links to Missouri resources.

1. Identify how title passed and whether probate or guardianship is already open

First, determine how the heirs hold title and whether the decedent’s estate is already in probate:

If the decedent left a will and the estate is in probate, the personal representative (executor/administrator) may have authority to sell estate real property—but often must ask the probate court to approve the sale.
If the property passed outside probate (for example by joint tenancy with right of survivorship or a transfer-on-death deed), the surviving co-owners may already hold title; but a minor co-owner generally cannot sell their interest without court protection or a guardian/conservator.
If no probate is open and the minor’s interest must be administered, a guardian of the minor’s estate or conservator may need appointment through the probate/juvenile court before sale proceeds can be handled.

2. Determine the correct court and the right proceeding

Common court routes in Missouri:

Probate estate sale: File a petition in probate court asking for authority to sell estate real property and for the court to confirm terms after notice and a hearing.
Guardianship/conservatorship sale: If a minor owns an interest individually, petition the probate court to appoint a guardian of the minor’s estate (or conservator) and for court approval of a sale of the minor’s real property interest or of the estate’s interest.
Partition action: If co-owners disagree about selling, one co-owner can file a partition action in circuit court seeking a division of the property or a court-ordered sale and division of proceeds.

Missouri statutes and court rules govern these proceedings; see the state Revisor for statutes and the Missouri Courts site for local procedures:

3. Typical, step-by-step court process to get approval to sell

Confirm ownership and open the correct case: If probate is required, open the estate and obtain appointment of a personal representative. If the minor needs representation, petition for a guardian of the minor’s estate or conservator.
Get an appraisal or market opinion: Courts typically want evidence of fair market value before authorizing a sale—often a licensed appraisal or comparative market analysis.
File a petition to sell: The personal representative, guardian, or conservator files a written petition with the probate (or circuit) court requesting authorization to sell the property. The petition should state the reasons for the sale, proposed terms (price, buyer, commission), and how proceeds will be handled for minors.
Give required notice: Missouri courts require notice to interested parties (heirs, beneficiaries, creditors). If minors are interested parties, the court may appoint a guardian ad litem (GAL) or require additional protections to represent the minor’s best interests.
Attend a court hearing: The court will hold a hearing where it reviews the sale terms, evidence (appraisal), and objections. The judge will evaluate whether the sale is in the minor’s best interest and whether the price is fair.
Court order authorizing sale: If the court approves, it issues an order authorizing the sale and often specifying how proceeds are to be held (for example, paid into a blocked account, turned into an investment, or paid to a conservator/guardian for the minor).
Close the sale under court supervision: The sale closes like a regular real estate transfer, but the closing agent will follow the court order regarding signatures and distribution of funds. The court may require that minors do not sign deeds; the guardian or the personal representative signs on behalf of the minor per court order.
Confirm distribution or final accounting: After sale, a final accounting to the court may be required showing how proceeds were invested or disbursed. Funds for minors are typically held until the child reaches majority or are placed under court-approved management.

4. Who represents the minor’s interests?

In many Missouri courts the judge will appoint a guardian ad litem (GAL) or require appointment of a guardian/conservator of the minor’s estate to represent the minor’s interests in the sale. The GAL investigates and advises the court about whether the sale is fair and protective of the minor.

5. If other co-owners object — partition actions

If co-owners disagree about selling, a partition action forces either a physical division of property (rare for homes) or a court-ordered sale with division of proceeds. The partition process is a civil action in circuit court and will involve notice, possible appraisal, and a sale supervised by the court or a commissioner.

6. Handling and protecting the minor’s proceeds

Courts are cautious about minors’ money. Typical outcomes include:

Placing the minor’s share in a blocked (court-supervised) account or court-approved investments.
Appointment of a conservator or guardian to manage funds until the minor reaches majority.
Court-ordered distribution for the minor’s health, education, maintenance, and support before final distribution at majority.

7. Practical timelines and costs

Expect several weeks to several months from filing to court approval depending on local docket, whether probate or guardianship must be opened, complexity, and whether parties contest the sale. Costs include court filing fees, appraisal costs, attorney fees, possible guardian ad litem fees, and closing costs. Courts will weigh attorney fees and costs against the estate or against the proceeds.

8. When you can sell without court approval

There are limited situations where court approval is not needed—e.g., if a minor’s interest is already fully and properly transferred to an adult guardian with authority to sell, or if all co-owners are adults and the title allows sale. But with any minor involved, confirm with the court or counsel first to avoid later challenges.

Key Missouri resources and statutes

Relevant state resources (use these pages to look up specific statutes, local forms, and court rules):

Missouri Revised Statutes (Revisor of Statutes) — search for “guardianship,” “conservatorship,” “probate,” or “sale of real estate”
Chapter on Guardians and Conservators (check sections governing appointment and sale of minor’s property)
Chapter on Partition and Related Actions (for disputes among co-owners)
Missouri Courts — Probate information and local forms

Helpful Hints

Talk to a probate or real estate attorney early — they can confirm whether probate or guardianship is required and prepare the petition to minimize delays.
Get at least one professional appraisal before petitioning the court. Courts dislike sales that appear below market value without explanation.
Be prepared to show why a sale (rather than keeping or partitioning the property) is in the minor’s best interest.
Expect the court to require protected handling of a minor’s proceeds — plan for blocked accounts or conservatorship fees in your budget.
If co-owners disagree, consider mediation before filing a partition action; mediation can save time and cost.
Collect clear documentation: death certificate, will (if any), deed, title search, beneficiary or survivorship documents, and identification for heirs — the court will want these.
Local practice varies. Contact the clerk of the circuit court in the county where the property sits to confirm local forms, notice requirements, and filing fees.

Disclaimer: This article explains general Missouri procedures and is for educational purposes only. It is not legal advice. For advice about a particular situation, consult a licensed Missouri attorney who handles probate, guardianship, or real estate matters.