Short answer

If minors share ownership of an inherited home in Oregon, you usually must involve the probate or guardianship court before selling the property. Typical steps are: (1) determine how title vests; (2) open a probate or obtain court authority for the minors (guardian or conservator); (3) file a petition to sell the real property; (4) provide notice and attend a hearing; and (5) follow the court’s order for sale and handling of the minor’s share of proceeds.

Detailed answer — step by step

1) Figure out how the property is owned right now

Start by collecting the deed, the decedent’s will (if any), and any beneficiary deeds or joint-tenancy documents. Ownership can change how you proceed:

• If title passed outside probate (for example, joint tenancy with right of survivorship or a transfer-on-death beneficiary), the surviving owner(s) may have authority to sell without opening probate for the estate.
• If the property passed to heirs through a will or by intestacy (no will), you will likely need probate administration to clear title before a sale of estate property.
• Even if title vests in the heirs directly, a minor cannot usually transfer their real-property interest without court supervision or a guardian/conservator signing on the minor’s behalf.

2) If probate is required, open the estate or use a simplified procedure

When probate is required, an executor or personal representative will be appointed. In smaller estates, Oregon’s simplified procedures may apply, but courts still protect minors’ interests. The probate case gives the court jurisdiction to approve sale of estate property.

3) Appoint a guardian or conservator for the minor’s property interest (if needed)

If the minor does not already have a guardian or conservator with authority over property, the court will usually require one before any sale or distribution. Options include:

• A guardian with authority over the child’s person and/or estate; or
• A conservator or guardian of the estate (property) only; or
• A guardian ad litem or attorney appointed to represent the minor’s interests in the specific sale proceedings.

The court chooses the appointment type that best protects the minor’s financial interest. The guardian or conservator may be required to post a bond, file reports, and get court approval for major transactions.

4) Prepare and file a petition to sell the real property

The personal representative, guardian, conservator, or an interested heir files a petition with the probate or juvenile court asking permission to sell the house. The petition usually includes:

• Legal description of the property;
• The reason for sale (e.g., divide proceeds, pay debts, maintain property);
• Proposed sale terms or authority to accept a market offer;
• An appraisal or broker’s comparative market analysis supporting fair value.

5) Serve notice and attend a hearing

The court requires notice to all interested persons (co-owners, heirs, nominated beneficiaries). The court will set a hearing so a judge can determine whether the sale is in the minor’s best interest and whether the price and process are fair.

6) Court decides and issues an order authorizing the sale

If the judge approves, the court issues an order authorizing the sale and specifying who can sign documents and how the minor’s share is to be handled (for example, placed into a blocked account, paid to a conservator, or invested under court supervision).

7) Close the sale and handle the minor’s proceeds under court rules

After closing, follow the court’s order for distributing or safeguarding the minor’s proceeds. Funds may require a blocked account, a conservatorship accounting, or periodic reports to the court until the minor reaches the age of majority or until further court order.

Other common court requirements and practical details

• Court-appointed representatives (personal representatives, guardians, conservators) often must post a bond unless the court waives it.
• The court will want evidence the sale is at fair market value — expect an appraisal or broker opinion.
• The court may require that sale proceeds be invested conservatively or used only for the minor’s benefit until they are legally able to receive them.
• Expect court costs, filing fees, possible attorney fees, and time delays — the process can take several weeks to months depending on complexity.

For general information on probate and guardianship processes in Oregon, the Oregon Judicial Department’s probate page is helpful: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx. For the state’s statutes and to read the Oregon Revised Statutes, visit the Oregon Legislature’s site: https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx.

When you might not need court approval

There are limited situations where court permission is not necessary, such as when a surviving co-owner holds full title as a joint tenant with right of survivorship and the minor has no recorded interest. Even then, if the minor has a present legal interest, many buyers and title companies will require court-approved transfer or a guardian’s signature to clear title for sale. Always confirm with a title company or attorney before assuming you can proceed without court involvement.

Helpful hints

• Start by ordering a current title report and the recorded deed to see exactly who owns the property and how title is held.
• Contact the local probate court clerk’s office to ask about filing procedures and local forms. Court clerks cannot give legal advice but can explain process and required documents.
• Get one or two professional appraisals or a broker price opinion so you can show the court the sale price is reasonable.
• Expect to provide clear notice to all heirs and interested parties; missing notice deadlines can delay a sale.
• Plan for time and costs: guardian or conservator applications, court filings, possible bond, and attorney fees if you hire one.
• Consider alternatives early: if heirs agree, a partition-by-sale may be quicker; however, when a minor is involved, the court still must protect the minor’s interests.
• Work with a title company familiar with probate and minor-interest sales in Oregon to learn what documentation buyers and lenders will require.
• If possible, consult an attorney experienced in Oregon probate and guardianship law to prepare petitions and represent the minor’s interests at hearings.