Detailed Answer
In Oregon, a minor cannot legally convey or consent to the sale of real property. To sell or transfer an interest in property on behalf of a minor heir, you must use a court-supervised process. The main options include:
1. Guardianship of the Minor’s Estate (ORS Chapter 126)
A guardian of the estate can be appointed to manage a minor’s property. Key steps:
- File a petition under ORS 126.035 to appoint a guardian of the estate.
- Provide notice to all interested parties and a court-appointed guardian ad litem to protect the child’s interests.
- Obtain court approval before any major transaction, including a real estate sale, per ORS 126.155.
- The court evaluates whether the sale is in the minor’s best interest and issues an order authorizing the transaction.
2. Sale Through a Personal Representative in Probate (ORS Chapter 128)
If the property arises from a decedent’s estate, the personal representative can sell under court supervision:
- List the property for sale and petition the court to confirm the sale under ORS 128.205.
- Proceeds belonging to the minor are deposited in a blocked account or guardianship estate until the child reaches majority.
3. Judicial Partition Action (ORS Chapter 105)
When multiple co-owners include a minor, any co-owner may file a partition suit:
- Pursue partition in kind or, more commonly, sale of the property under ORS 105.075.
- The court appoints a guardian ad litem for the minor and may order sale and division of net proceeds.
4. Trust Administration
If the minor’s interest is already held in a trust, the trustee can sell the property according to trust terms under ORS 130.090. The trustee must act in the beneficiary’s best interest and follow reporting requirements.
All these routes require formal court filings, notice to interested parties, and judicial approval. Oregon courts prioritize the minor’s best interest when authorizing sales or transfers.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Helpful Hints
- Start the process early—guardianship and probate can take several months.
- Gather title records, wills, trusts, and any existing court orders before filing.
- Request a guardian ad litem to ensure the court hears the minor’s perspective.
- Consider potential tax implications (capital gains, estate tax) when selling property.
- Use a blocked bank account or the court registry to hold sale proceeds securely.
- Consult a probate or real estate attorney familiar with Oregon’s procedures and local court rules.