Detailed answer — Step-by-step process under New Hampshire practice

When a decedent’s real property passes to more than one owner and one or more of those owners are minors, a sale of the property normally requires probate-court involvement in New Hampshire. The court’s role is to protect the interests of the minor(s) and to approve any sale and the handling of the sale proceeds. Below are the common steps you should expect and the documents and actions the court typically requires.

1. Identify how title passed and whether probate is required

   First confirm how the house was transferred at death (will, intestacy, joint tenancy, beneficiary deed, trust). If ownership passed directly (e.g., joint tenancy with right of survivorship or properly formed living trust), the property might not need probate. If the house became part of the decedent’s estate or the co-owners inherited a fractional interest that includes a minor, open a probate or guardianship matter so the court can supervise any sale that affects the minor’s interest.

2. Open a probate estate or a guardianship/committee case for the minor’s property

   If the minor inherits money or real property, the court commonly requires an appointment of a guardian of the minor’s person or a guardian/committee of the minor’s estate (sometimes called a conservator in other states). The appointed fiduciary has authority to manage the minor’s share but normally cannot sell the minor’s real estate without court approval.

3. Petition the probate court to authorize the sale

   The appointed fiduciary or personal representative files a petition with the local New Hampshire probate court asking for permission to sell the property. The petition typically includes:

   • Decedent’s death certificate and the probate case number (if opened).
   • Copies of the deed or other proof of title and a proposed order authorizing the sale.
   • A proposed purchase and sale agreement, or a description of the proposed sale terms (listing agreement, offers received).
   • An appraisal or recent comparable market analysis to show fair market value.
   • A recommendation for how sale proceeds for the minor(s) will be handled (e.g., placed in a blocked or supervised account, invested, or paid to a guardian for the minor’s benefit).
   • A request to authorize payment of commissions, closing costs, outstanding mortgages, liens, and the fiduciary’s legal fees, if applicable.

4. Provide notice and possible appointment of a guardian ad litem

   The court will require notice of the petition to all interested parties (other heirs, beneficiaries, lienholders). For a minor, the court often appoints a guardian ad litem (GAL) or an attorney to represent the minor’s interests in the sale process. The GAL investigates and reports whether the proposed sale is in the minor’s best interest.

5. Court hearing and review

   The court schedules a hearing. At the hearing, the judge considers evidence of market value, the fairness of sale terms, the need to sell (e.g., paying debts, division of proceeds), and the protection of the minor’s funds. The court may: approve the sale as proposed, condition approval on certain protections (escrow of proceeds, supervised investments), reject the sale, or require changes (higher price, different terms).

6. Court order authorizing sale and instructions for proceeds

   If approved, the court issues an order authorizing the sale and specifying how the minor’s share of the proceeds must be handled. Common requirements include placing funds into a blocked account, investing under court supervision, or appointment of a committee/guardian to manage the funds until the minor reaches majority age or as otherwise ordered.

7. Closing the sale and reporting back to the court

   After closing, the fiduciary files a final accounting or report with the probate court showing the sale proceeds, deductions (mortgage payoff, commissions, expenses), and the disposition of the minor’s share. The court must approve the accounting before funds are finally released according to the order.

Throughout the process, the probate court’s central concern is protecting the minor’s financial interest and making sure the sale is commercially reasonable and in the minor’s best interest.

For general information about New Hampshire courts and probate procedures, see the New Hampshire Judicial Branch main page: https://www.courts.state.nh.us/. For the full text of New Hampshire statutes (Revised Statutes Annotated), see the New Hampshire General Court site: https://www.gencourt.state.nh.us/rsa/html/.

Common documents you’ll need

• Decedent’s death certificate and last will (if any).
• Recorded deed and current title report.
• Probate court case number (or petition to open probate/guardianship).
• Purchase and sale agreement (or listing agreement and offers).
• Appraisal or broker’s market analysis.
• Signed affidavit of heirs or family photographs only when asked — do not file private or sensitive info without guidance.
• Documentation of mortgages, liens, unpaid taxes or bills associated with the property.

Helpful hints

• Start with the probate court clerks’ office: they can confirm whether the property is already in probate and what forms the local court requires.
• Hire a probate attorney experienced with minor beneficiaries. The rules and forms vary by county and judge, and an attorney helps prepare the petition, valuations, and accounting required by the court.
• Obtain a professional appraisal if there is any question about fair market value—courts are more comfortable approving sales with objective valuations.
• Expect time and cost: probate petitions, hearings, and supervised accounting add time and fees, so factor that into your decision to sell now versus later.
• Consider temporary solutions: if immediate sale is not urgent, the court may allow the fiduciary to rent or maintain the house until the minor reaches majority or until a better offer emerges.
• Be transparent about proposed use of proceeds for the minor: courts prefer funds held in accounts that protect the minor’s long-term interest (blocked accounts, supervised investments).
• If all adult co-owners (and a minor’s guardian) agree, the court still usually needs to review and authorize the transaction when a minor’s interest is involved—consent alone is generally insufficient.
• Keep complete records and receipts of all expenses paid from the estate or for property maintenance; you will likely need these for the final accounting to the court.