How to file a partition action or petition for sale of inherited real estate when some heirs are minors

This FAQ explains, in plain language, how to ask a Nevada court to divide or sell inherited real estate when one or more heirs are minors. It describes the usual procedures, the role of guardians or guardian ad litem, the court’s protections for minor heirs, and practical next steps. This is an educational guide only — not legal advice.

Quick answer

If you want the property divided or sold and some heirs are minors, you normally file a partition action (a civil suit) in Nevada district court naming all owners. The court will protect minors’ interests by appointing a guardian, guardian ad litem, conservator, or requiring other safeguards before allowing a sale or distribution. If the property is part of a pending probate, file the request in the probate case or ask the probate court to authorize sale or partition. See Nevada’s partition and guardianship statutes for more detail: NRS Chapter 40 (Partition) and NRS Chapter 159 (Guardianship).

Detailed answer — step‑by‑step

1) Confirm ownership and the probate status

First, determine how title to the property is held and whether the decedent’s estate is open in probate:

If the property is titled in the decedent’s name only and a personal representative (executor/administrator) is administering an estate, the probate court may have primary authority to sell or distribute the asset.
If title is already in the names of multiple heirs (tenants in common), a partition action in district court is the normal civil route to force division or sale.

2) Choose the correct court and claim

In Nevada, partition claims are brought as civil actions in the district court for the county where the real property sits. If there is an open probate matter, you may petition the probate court for an order to sell the real property or to join the district court action with notice to the probate judge. For statutory language on partition procedures, see NRS Chapter 40.

3) Name all owners and interested parties

When you file the complaint or petition, name every person who claims an interest in the property — including the minor heirs. The court must be able to give everyone proper notice. If a minor’s legal guardian is known, name that guardian as well.

4) Ask the court to protect minor heirs

The court will not allow a minor’s property interest to be sold or distributed without appropriate protection. Typical protections include:

Appointment of a guardian ad litem to represent the minor’s immediate litigation interests.
Appointment (or confirmation) of a guardian or conservator of the minor’s estate to manage any proceeds from sale.
Requirement that sale proceeds be deposited into a blocked account or used only with court approval.
Court confirmation hearing to approve any sale or division to ensure the transaction is fair to the minor.

These protections are drawn from Nevada’s guardianship and probate framework; you can review general guardianship rules at NRS Chapter 159.

5) Commission appraisals and propose relief

The plaintiff typically asks the court either to partition the property in kind (physically divide it) or to order a sale and divide the proceeds. Because splitting many parcels is impractical, courts often appoint commissioners to appraise and sell the property if sale is the only feasible means. Include an appraisal or ask the court to appoint an appraiser/commissioner.

6) Notice, bond, and hearings

Minor heirs and their representatives must receive proper notice of the action and hearings. The court may require a bond from any fiduciary who will handle a minor’s money. Expect the court to hold a hearing before approving a sale or distribution that affects a minor.

7) Handling the proceeds for minors

If the court orders a sale, it will specify where the minor’s share goes. Common outcomes include:

Placing funds in a blocked (court‑supervised) account until the minor reaches majority.
Appointing a conservator/guardian of the estate to manage funds under court oversight.
Approving a specific plan for use of funds for the minor’s benefit (education, health, housing, etc.).

8) If the property is in probate

If inheritance is being handled in probate, petition the probate court for an order to sell the property or for instructions on dividing it. The probate court will follow statutory protections for minors and may require appointment of a guardian/conservator and court confirmation for sale of property that benefits minors.

Common hypothetical (illustrative)

Suppose Anna died owning a single-family home titled in her name. She left three children: two adults and one 10‑year‑old. The estate is in probate. The two adult children want to sell and split proceeds; the minor’s share must be protected. The personal representative petitions the probate court to sell the house and seeks court approval to deposit the minor’s share into a blocked account or to have a conservator appointed. The court holds a confirmation hearing, appoints a guardian ad litem for the minor’s litigation interest, and approves the sale with conditions protecting the minor’s funds.

What the court will consider

Whether partition in kind is practical without unfairly harming any owner.
Whether sale is necessary and whether the price is fair.
Whether the minor’s interests will be adequately protected by a guardian, conservator, bond, and court oversight.
Whether notice and procedural safeguards have been followed.

Helpful hints

Start by pulling the deed and chain of title at the county recorder to confirm ownership.
Check whether a probate case already exists. If so, work through the probate court rather than starting a separate partition suit unless advised otherwise by counsel.
Talk with all heirs about mediation or a buyout before filing suit; voluntary agreements save time and cost and are often approved by courts when minors are involved and protections are in place.
Obtain at least one professional appraisal to show the court fair market value if you seek a sale.
Expect the court to require a guardian ad litem or a conservatorship for the minor; plan for additional time and potential bond requirements.
Keep receipts and records of any money spent for the minor’s benefit; courts will want accurate accounting when approving distributions or claims against proceeds.
Hire an attorney who handles Nevada real property, probate, and guardianship matters — they can coordinate filings and protect minor heirs effectively.

Where to find Nevada statutes and forms

Look up Nevada Revised Statutes for partition and guardianship procedures: NRS Chapter 40 — Partition and NRS Chapter 159 — Guardianships. For court forms or local rules, check the Nevada district court website for the county where the property sits; many district courts publish local forms and guardianship checklists online.

When to get a lawyer

Consult an attorney if any of these apply:

Minors are involved and you need court approval to sell or distribute funds.
Ownership is contested or unclear.
There are liens, mortgages, or tax complications.
You want to avoid mistakes that could delay sale or expose fiduciaries to liability.

Disclaimer: This article is educational only and is not legal advice. Laws change, and facts matter. Consult a licensed Nevada attorney before taking legal action.