Detailed answer — step-by-step under New Hampshire law

1. Confirm who owns the property and everyone’s legal share

Begin by reviewing title, the decedent’s will (if any), and the laws of intestacy. Establish which heirs own what fractional shares. If the decedent left a will that disposes of the real estate, confirm whether title already transferred through probate. If title did not transfer, co-owners remain on title and a partition action may be necessary.

2. Decide whether to seek partition in kind (divide land) or sale and division of proceeds

Partition in kind means physically dividing the parcel. The court orders that only if a fair and practical division exists. If a fair division is impractical or inequitable, the court will order sale and division of the sale proceeds. This process and the court’s power to partition are set out in RSA chapter 547: RSA 547.

3. Where to file and who to name as parties

File a partition action in the Superior Court in the county where the real estate is located. Name every person with a legal interest in the property as a party. That includes heirs who are minors. If you do not know all owners, the complaint can ask the court to allow notices by publication, but the court will still protect any unidentified heirs’ interests.

4. How minors are represented

Minors cannot litigate on their own. When a minor is a party to a partition action, New Hampshire courts will require representation for the minor’s interest. The usual options are:

• Appointment of a guardian ad litem (GAL) by the court to represent the minor’s litigation interests in the partition case.
• Representation by a parent or an appointed guardian of the minor’s estate (if one already exists), with possible additional court oversight.

If the court appoints a GAL, that lawyer or representative can negotiate or litigate on behalf of the minor but any settlement or sale that affects the minor’s property interest will normally require court approval to confirm the settlement is fair and in the minor’s best interests.

5. Notice and service rules for minors

When you sue co-owners who are minors, you must serve the minors’ parents or existing legal guardian and notify the court of the minor’s status. If no guardian exists, the court will appoint a GAL or other representative. The court protects minors’ interests and will ensure proper notice and that the minor’s share is preserved pending final order.

6. Sale procedure and protection of minors’ proceeds

If the court orders sale of the real estate, the court typically will:

• Set the method of sale (public auction or supervised private sale).
• Require an accounting of sale costs, mortgage payoffs, liens, and taxes before distributing net proceeds.
• Hold the proceeds for minor heirs in the registry of the court or require appointment of a guardian of the estate (conservator) under Probate supervision until the minor reaches majority or the court approves a disbursement.

The court’s orders will protect minors’ funds and control any distribution or investment of those funds. For general guidance about guardian/conservator procedures and forms, see the Probate Court pages: NH Probate Court.

7. Settlements and compromises that affect minors

If all parties — including minors through a GAL or court-approved representative — agree to a sale or settlement, the court normally must review and approve the settlement to make sure it is fair for the minor. The court may require appraisals, accounting, or additional protections for the minor’s share before approving a negotiated sale.

8. If you prefer to avoid litigation

Partition litigation can be costly and take many months. Consider these alternatives:

• Agree unanimously to a sale and have the buyer close with all owners’ signatures (minor signing through a court-appointed guardian or with court approval).
• Use a short judicial sale approval (a petition and court review) where the court approves the sale terms for the minor rather than a full partition lawsuit.
• Appoint a trustee or guardian of the minor’s interest through Probate to sell or otherwise manage the minor’s share, subject to court oversight.

9. Practical timeline and likely costs

Simple agreed sales can close in a few weeks once representation for minors is arranged. Contested partition actions commonly take many months to over a year. Costs include filing fees, attorney’s fees, appraisals, title searches, and sale costs. Because minors require additional court protection, expect extra court hearings and possible Probate involvement.

10. Documents you should gather early

• Death certificate and will/trust (if any).
• Current deed and title report.
• Mortgage, tax, and lien information.
• Birth certificates for minor heirs and current guardianship or conservatorship documents (if any).
• Contact information for all heirs and any known creditors or lienholders.

11. How an attorney can help

A lawyer experienced in New Hampshire real estate and probate law can:

• Prepare and file the partition complaint or a petition to approve a sale affecting minors.
• Arrange appointment of a guardian ad litem or coordinate with Probate for a guardian/conservator of the child’s property.
• Handle negotiations, prepare settlement documents, and ask the court to approve any settlement affecting a minor.
• Make sure sale proceeds are properly accounted for and protected for minor heirs.

Helpful hints

• Start by getting a clear title report and list of all heirs and their addresses. Missing heirs complicate the case and delay a sale.
• If everyone agrees to sell, a short, cooperative proceeding to appoint a guardian or seek court approval of the sale often costs much less than a contested partition.
• For a minor’s share, expect the court to prefer that proceeds be kept in a supervised account (court registry or a probate-appointed conservatorship) until the minor reaches age 18 or the court orders release for a special purpose.
• Keep careful records of appraisals, expenses, and communications. Courts want to see transparent accounting before approving distributions to minors.
• Contact the Probate Court early if you expect guardianship or conservatorship issues. Probate can sometimes expedite appointing a guardian of the estate for a minor’s funds.
• Ask about a guardian ad litem — the court will often appoint one if a minor’s interest is contested or unclear.
• Be realistic about costs: if the property value is modest relative to attorneys’ fees and court costs, a negotiated sale outside litigation is often the most practical route.