Detailed answer: Step-by-step process under New Jersey law

1. Confirm ownership, title, and who represents the minors

First, collect the deed, the decedent’s death certificate, any will or letters testamentary/administration, and the title report. These documents show who legally owns the house and in what shares (for example, tenants in common). If the minors inherited a share, someone must legally represent their share before the minor can be bound by a sale. That representation is typically a guardian of the estate or a guardian ad litem appointed by the court.

2. Identify the correct court office and the authority you will need

In New Jersey, probate and matters involving estates and the property interests of decedents and minors are handled through county Surrogate’s offices and the courts. For guardianship issues and court approval to sell property that affects a minor’s interest you will work with the county court or Surrogate’s office in the county where the property or the decedent’s estate is being administered. See the New Jersey Courts resources on guardianships and county Surrogates for local filing rules and forms: NJ Courts — Guardianship information and NJ Courts — County Surrogates. For statutory authority, consult Title 3B (Estates and Fiduciary Relations) of the New Jersey statutes: New Jersey statutes (Title 3B and related sections).

3. Determine whether a formal guardianship or guardian ad litem is required

If a minor holds legal title, the court will usually require a guardian of the minor’s property (estate) or a guardian ad litem to review and consent to the sale on the minor’s behalf. If a guardian already exists (for example, a parent appointed guardian of the estate), that guardian will often have authority to bring a petition to sell, subject to court approval. If no guardian exists, the court may appoint a guardian or guardian ad litem to protect the minor’s financial interest.

4. Prepare and file the petition to sell

The person authorized to act for the estate or the minor (executor/administrator, guardian of estate, guardian ad litem, or representative plaintiff) must file a petition with the appropriate county court or Surrogate’s office asking the court to authorize the sale. Typical documents attached to the petition include:

• Copy of the deed and decedent’s death certificate;
• Letters testamentary or letters of administration, if one has been issued;
• The proposed purchase agreement or a written offer to purchase;
• An appraisal or broker price opinion supporting the sale price (courts often want confirmation the price is fair);
• A proposed order describing how sale proceeds will be handled (for example, blocked account or trust);
• Proof of notice to interested parties (heirs, beneficiaries, lienholders, mortgage holders).

5. Provide notice and allow for objections

The court will require notice to all interested persons (heirs, beneficiaries, mortgagee, lienholders). The court sets a hearing date and gives interested parties the opportunity to object. If someone objects, the court will consider the objection at the hearing and decide whether sale is in the minors’ best interest.

6. Court hearing and approval

At the hearing the judge will consider whether the sale price is fair, whether the sale is voluntary and in the minors’ best interest, whether contingencies and closing arrangements are reasonable, and how sale proceeds will be handled. If satisfied, the judge will issue an order authorizing the sale and specifying conditions (for example, that the purchaser’s funds be held in escrow until the court signs the final order).

7. Closing and disposition of proceeds for the minors

After closing, the court will typically require that the minor’s share of sale proceeds be held in a court-approved account or trust, or that a bond or other protection be provided until the minor reaches legal age. The court may require the guardian to invest funds according to court-approved rules or to petition for permission before withdrawing funds for the minor’s benefit. Exact handling varies by county and case facts; consult the county Surrogate or the supervising judge’s procedures.

8. Alternatives and other proceedings

– If co-owners disagree and cannot agree to a sale, a partition action in the Superior Court (Chancery Division) may be necessary to force a sale or divide the property.
– If the estate is small, there may be simplified procedures through the Surrogate’s office.
– If the property has a mortgage, lender consent or payoff procedures must be addressed as part of the sale.

9. Typical timeline and cost considerations

Timeline: simple court approvals may take 6–12 weeks from filing to order; contested matters or appointment of a guardian can extend the process several months. Costs: court filing fees, guardian or guardian ad litem fees, appraisal fees, attorney fees, and possible bond premiums. Fees can vary by county and complexity.

10. Practical checklist before filing

1. Obtain certified death certificate and recorded deed.
2. Get a current title search and payoff information for mortgages or liens.
3. Obtain an appraisal or broker price opinion to justify sale price.
4. Confirm whether a guardian of the estate exists; if not, be prepared to ask the court to appoint one or to appoint a guardian ad litem.
5. Prepare proposed sale agreement and proposed court order describing distribution and protection of minor’s proceeds.

For general court procedures and forms see the New Jersey Courts self-help and Surrogate pages: NJ Courts — Guardianship information and NJ Courts — County Surrogates. For statutory framework, consult the New Jersey statutes (Title 3B and related provisions): New Jersey statutes.

Helpful hints

• Hire a New Jersey attorney experienced in probate/guardianship and real estate: they prepare the petition, manage notice requirements, and represent the minors’ interests in court.
• Get an independent appraisal. Courts often deny or question sales lacking reliable valuation evidence.
• Expect the court to require protection for the minor’s share (blocked account, trust, or bond). Plan for how those funds will be invested and accessed for the minor’s benefit.
• If the sale is to a family member or co-owner, disclose that to the court honestly and provide independent valuation to avoid challenges.
• Resolve mortgages and liens before or at closing so the purchaser receives clear title; the court generally will not approve a sale that leaves undisclosed encumbrances.
• Keep all interested parties informed and served with notice—failure to give proper notice can delay approval or undo a sale.
• If time is critical (for example, to avoid foreclosure), tell your attorney and the court; emergency relief or expedited procedures may be available in some cases.