Selling an Inherited Home with Minor Co-Owners — Nevada: Court Approval Steps | Nevada Probate | FastCounsel
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Selling an Inherited Home with Minor Co-Owners — Nevada: Court Approval Steps

Overview

If an inherited house has multiple owners and at least one owner is a minor, Nevada law generally requires court involvement before the minor’s share can be sold. This article explains the common legal steps, the court filings you will likely need, and practical tips to help you prepare. It uses a simple hypothetical to illustrate the process and links to the Nevada guardianship statutes and state court resources.

Key legal framework

When a minor owns property, a court typically protects the minor’s financial interests by supervising any sale or transfer of the minor’s property interest. In Nevada, guardianship and conservatorship matters (including guardianship of a minor’s estate) are governed by the Nevada Revised Statutes; see the guardianship chapter for the statutory framework: NRS Chapter 159 — Guardianship. Nevada trial courts (district courts) handle petitions involving a minor’s property and any required court orders for sale.

Detailed answer — Step-by-step process

1) Confirm how title and the estate stand

  • Obtain a copy of the deed (title) to see how the decedent’s interest passed (e.g., probate distribution, joint tenancy, or tenancy in common).
  • Find out whether the decedent’s estate has already been opened and administered in probate. If sale authority exists in the probate case, the personal representative may be able to sell with court approval as part of the administration.

2) Determine whether a guardian (guardian of the estate) is or must be appointed for the minor

  • If the minor already has a court-appointed guardian for the minor’s estate (a conservator/guardian of the property), that guardian usually must petition the court for authority to sell the minor’s real property interest.
  • If no guardian for the minor’s property exists, someone (often a parent, relative, or interested adult) must petition the district court to be appointed guardian of the minor’s estate so the guardian can act on the minor’s behalf. See NRS Chapter 159 for the appointment rules and duties.

3) File the appropriate petition with the district court

The petition you file depends on circumstances:

  • Petition to appoint a guardian of the minor’s estate, with a concurrent request for authority to sell the real property (if no guardian exists).
  • If a probate case is open, a petition in the probate case asking the court to authorize sale of real property in which a minor has an interest.

The petition must describe the property, state why a sale is in the minor’s best interest, include appraisals or market evidence, and identify the proposed buyer, price, and terms (if already negotiated), or request authority to sell on reasonable terms.

4) Provide required notice and appoint legal representation for the minor, if required

  • Nevada law and court rules require notice to the minor, the minor’s parents (if appropriate), other co-owners, and interested parties. The court will set a hearing date.
  • The court commonly appoints a guardian ad litem or orders that the minor have independent counsel to represent the minor’s interests in the sale. Expect the court to review whether the sale is fair and in the minor’s best interest.

5) Prepare supporting evidence for the hearing

  • Obtain a licensed appraisal or at least two broker price opinions to show fair market value.
  • Provide a title report, a proposed purchase contract (if any), and a statement explaining why sale proceeds and the proposed distribution or investment plan will protect the minor’s future needs.
  • Be ready to explain alternatives (e.g., partition, buyout by co-owners, or retaining the property) and why sale is preferable.

6) Attend the court hearing and obtain a court order

  • The judge will assess whether the sale is fair and whether the minor’s interest is protected. The judge may approve the sale, approve a modified sale, or deny the request.
  • The order may impose conditions: requiring a higher appraisal, requiring that proceeds be deposited in a blocked or supervised account, requiring a bond from the guardian, or setting limits on how proceeds are used or invested.

7) Close the sale and follow the court’s instructions for proceeds

  • After the court signs the order authorizing the sale, the guardian or representative can complete the sale.
  • Comply with the order’s directions for depositing proceeds (e.g., a blocked account, court-approved investments, or appointment of a trustee). The guardian must account to the court for receipts and expenditures.

Hypothetical example (simple)

Three siblings inherit a house as tenants in common. Two are adults and one is a 10-year-old child. The adults want to sell. Because a minor co-owner cannot freely sell their share, one adult files a petition to be appointed guardian of the minor’s estate or asks the probate court to authorize a sale. The court requires an appraisal, appoints a guardian ad litem for the child, holds a hearing, and then approves the sale subject to the rule that the child’s share of proceeds be placed into a blocked account until the child reaches majority or another court-ordered release date.

Practical details: timing, costs, and likely court conditions

  • Timing: Guardianship appointment plus sale approval commonly takes several weeks to a few months depending on court schedules, notice periods, and complexity.
  • Costs: Expect court filing fees, appraisal fees, attorney fees, possible guardian ad litem or counsel fees, and bonding requirements for guardians.
  • Court conditions: The court may require bond from the guardian, ongoing accountings, or placement of the minor’s funds in a restricted (blocked) account or court-supervised investment.

Checklist — Documents and information to gather before you start

  • Death certificate and any will or probate filings.
  • Current deed(s) and title report showing how the property is held.
  • Copy of any existing guardianship or conservatorship orders for the minor.
  • Recent appraisal(s) or broker price opinions for the property.
  • Proposed purchase agreement (if you already have a buyer) and contact information for all co-owners and interested parties.

Where to look for Nevada forms and more information

Helpful Hints

  • Talk to a Nevada probate or guardianship attorney early. Guardianship and court petitions are procedural; mistakes cause delays and extra expense.
  • Get an independent appraisal. Courts pay close attention to whether the sale price reflects fair market value.
  • Consider negotiated solutions first: an adult co-owner may buy the minor’s share at court-approved terms to avoid open market sale and simplify the process.
  • Keep clear records of all communications, offers, and expenditures connected with the property and the minor’s funds.
  • Expect the court to require protections for the minor’s share (blocked account, bond, accounting). Plan for those costs when calculating net proceeds.

Next steps

Collect your documents and consult a Nevada attorney experienced in probate and guardianship. If you need help finding counsel, use the Nevada State Bar’s referral resources or the district court self-help center.

Disclaimer: This article explains general Nevada procedures and is for informational purposes only. It does not provide legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Nevada attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.