Can I file a partition action or petition to sell inherited real estate when some heirs are minors?

Short answer: Yes. In Ohio, a co-owner can seek a partition or sale of real estate under the partition statutes, and the court will protect any minor heirs’ interests by appointing a guardian or a guardian ad litem and by directing how any sale proceeds for the minors will be handled. This article explains the typical steps, legal protections for minors, and practical tips for moving forward.

Detailed answer — how the process works in Ohio

1. The legal basis: partition actions in Ohio

Partition actions are governed by Ohio’s partition statutes. A co-owner may file a civil action asking the court to divide (partition) the property in kind or to order a sale and divide the proceeds. See Ohio Revised Code, Chapter 5307: Ohio Rev. Code Chapter 5307 (Partition).

2. Who files and where

Any co-owner (including an executor or administrator of an estate with authority over the property) may file a partition complaint in the county Common Pleas Court where the property is located. The complaint must name all co-owners as parties so the court can determine interests and divide the property or order a sale.

3. Service and notification when heirs include minors

When one or more heirs are minors, the court takes special steps to protect them. Minors cannot represent themselves in court. The court will typically require that:

• a guardian or guardian ad litem be appointed to represent the minor’s legal and financial interests in the partition action, and
• the minor’s guardian (if one already exists) or the newly appointed guardian ad litem be properly served with the court papers so the minor is effectively represented.

Appointment of a guardian ad litem or other representative usually occurs early in the case so the minor’s rights are protected during hearings and any sale process.

4. Partition in kind vs. sale

The court will first consider whether the property can be physically divided (partition in kind). If that is impractical or would substantially reduce value, the court can order a sale and divide the net proceeds among the owners according to their ownership shares. The court has discretion to choose the most equitable remedy under Ohio law (see Chapter 5307 linked above).

5. How the court protects a minor’s money and property

If the court orders a sale or allocates cash to a minor, Ohio law requires the minor’s funds or interest be protected. Typical protections include:

• directing that the minor’s share be paid to a guardian of the minor’s estate or deposited with the probate court for safekeeping;
• requiring the appointment of a guardian of the estate under Ohio guardianship law if one is not already in place (see Ohio Rev. Code Chapter 2111 (Guardianship));
• ordering that proceeds be invested or held until the minor reaches majority or until the probate court approves distribution for a specific use (education, health care, support, etc.).

The Common Pleas court handling the partition will coordinate with the probate court if necessary to protect the minor’s share. That often means the probate court will supervise or manage the minor’s funds under guardianship or other statutory procedures.

6. Typical court steps and timeline

1. File the partition complaint and name all co-owners (including minors, by next friend or by naming guardian ad litem).
2. Court appoints guardian ad litem for minor(s) or recognizes an existing guardian of the estate.
3. Property appraisal and attempts at voluntary settlement or buyout among co-owners.
4. If no settlement, court decides partition in kind or sale. If sale, court approves the method of sale (auction or court-ordered sale) and issues order for sale.
5. Sale closes; proceeds are distributed under court order. Minor’s share is handled under probate protections described above.

7. Practical hypotheticals (examples)

Example A — Two adult heirs and one minor heir jointly own a house. One adult files for partition. The court appoints a guardian ad litem for the minor, orders an appraisal, finds partition in kind impractical, and orders a sale. The minor’s share of proceeds is paid to the probate court or a guardian of the minor’s estate until the minor is entitled to the funds.

Example B — A single parent heir wants to buy out the minor’s share to keep the home. The buyer must obtain court approval for the purchase because the minor’s interest requires court supervision to ensure the price is fair and the minor’s funds are protected. The court may require the purchase price be paid to the probate court or to a guardian for investment or other protective handling.

8. Costs, bonding and attorney involvement

Courts may require a bond or other security if a guardian handles funds. Partition actions involve filing fees, possible appraisal fees, advertising fees for sale, and attorneys’ fees. When minors are involved, expect additional probate or guardianship steps that increase time and cost. Hiring an attorney familiar with partition and probate practice in Ohio is often necessary to navigate both courts and to protect the minor’s interests.

Helpful Hints

• Do a title and probate check first. Confirm ownership shares and whether a probate estate or existing guardianship is already open.
• Consider negotiation and buyouts before suing. A negotiated sale or buyout is often quicker and cheaper than a court-ordered partition.
• Expect the court to appoint a guardian ad litem for any minor named in the case. Budget time and fees accordingly.
• If you’re buying a minor’s share, be prepared to obtain court approval and to place funds where the court requires (probate custody or guardian control).
• Contact the county probate court early if you expect guardianship issues; they can explain local practice for managing minor proceeds and appointing guardians.
• Get an appraisal. Courts generally rely on neutral appraisals when deciding whether to partition or sell and to set fair buyout prices.
• Document communications. Keep records of offers, agreements, tax documents, and heirship proof to present to the court or to counsel.
• Ask whether the sale might trigger capital gains or other tax consequences for the estate or heirs; consult a tax advisor.

Where to read the law and find local help

Primary statutes on partition and guardianship in Ohio:

• Partition statutes (Ohio Rev. Code Chapter 5307): https://codes.ohio.gov/ohio-revised-code/chapter-5307
• Guardianship statutes (Ohio Rev. Code Chapter 2111): https://codes.ohio.gov/ohio-revised-code/chapter-2111

For court forms and local procedure, contact the county Common Pleas Court (Civil Division) where the property is located and the county Probate Court for guardianship matters. You can also review statewide self-help resources at the Ohio Supreme Court and Ohio legal aid organizations.

Final notes and next steps

If you are an heir considering partition or sale and minors are involved, consider these immediate steps:

1. Collect the deed, death certificate, will or probate file, and any documents showing ownership shares.
2. Contact the probate court to learn whether a guardianship exists or must be opened for any minor heir.
3. Consult a civil attorney experienced in Ohio partition and probate practice to review options and to draft or respond to a complaint safely for minors.

Disclaimer: This article explains general Ohio law and common procedures and is for educational purposes only. It is not legal advice. Laws change and each case turns on its facts. Consult a licensed Ohio attorney to get advice tailored to your situation.