Disclaimer: This article is for educational purposes and is not legal advice.
Detailed Answer
When a minor child inherits real property in Ohio, the minor cannot legally consent to its sale or transfer. Ohio law provides several pathways to manage this process and protect the minor’s interest.
1. Guardianship and Court-Approved Sale
The probate court can appoint a guardian of the minor’s estate under Ohio Revised Code Section 2111.02. Once appointed, the guardian must obtain court approval before selling the real property.
- Appointment: File a petition in the local probate court. The court gives notice to all interested parties. (R.C. 2111.02)
- Sale Process: The guardian petitions under R.C. 2113.171. The court orders an appraisal, selects a sale method (public auction or private sale), and approves the final terms.
- Proceeds Management: Sale proceeds remain in a guardianship account. The court oversees disbursements for the minor’s benefit.
2. Uniform Transfers to Minors Act (UTMA) Custodian Sale
Under the Uniform Transfers to Minors Act (R.C. 5817.01 et seq.), an adult custodian may hold and manage property for the minor until a predetermined age, often 21.
- Custodianship: Transfer the property to a custodian named in the transfer document or appointed by the court. (R.C. 5817.02)
- Sale and Reinvestment: The custodian may sell the real estate and reinvest the proceeds in a UTMA account for the minor. (R.C. 5817.05)
3. Partition Action with Guardian ad Litem
If co-owners wish to divide or liquidate jointly owned property, any co-owner may file a partition action under R.C. 5307.05. The court appoints a guardian ad litem to protect the minor’s share.
- Partition or Sale: The court either divides the land among owners or orders a sale and apportions proceeds. (R.C. 5307.05)
- Guardian ad Litem: This representative safeguards the minor’s legal and financial interests throughout the case.
Helpful Hints
- Engage a probate attorney early to guide guardianship or UTMA proceedings.
- Obtain at least one professional appraisal before seeking court approval.
- Provide clear notice to all heirs and interested parties in guardianship and partition actions.
- Maintain detailed records of all court filings, sale offers, and account statements.
- Always focus on protecting the minor’s best financial interests and complying with court directives.