How to file a partition action or petition for sale of inherited real estate in Pennsylvania when some heirs are minors — FAQ

Short answer: In Pennsylvania you generally must file a partition action in the Court of Common Pleas where the property is located if co‑owners (heirs) cannot agree on dividing or selling inherited real estate. When one or more heirs are minors, the court protects their interests by requiring representation for the minors (often a guardian ad litem or appointment of a guardian of the estate). The court will supervise any sale or distribution of proceeds. This article explains the common steps, what the court will require, and practical tips for handling minors’ interests.

Detailed answer — step‑by‑step under Pennsylvania law

1. Confirm ownership and the estate process

Before filing, identify how title is held and whether the property passed by deed, by operation of law, or via probate. If the decedent’s estate is open (a probate/estate administration is pending), the executor or administrator should coordinate with the proposed partition action. If the estate already distributed property, you will need documents (deed, letters testamentary or letters of administration) showing each heir’s interest.

2. Where to file

File a partition complaint in the Court of Common Pleas in the county where the property is located. The complaint asks the court to divide the property among co‑owners (partition in kind) or to order it sold and the proceeds divided (partition by sale) if division in kind is impracticable.

3. Who must be named and served

Name and properly serve all persons with an ownership interest (all heirs, devisees, lienholders, mortgage holders, and other parties with recorded interests). For minors, you must name the minor and also provide notice to the minor’s guardian or next friend. The court will not finalize a sale affecting a minor’s property interest without ensuring the minor has proper representation.

4. Representation for minors

Because minors cannot litigate their own property rights, the court typically protects them in one of two ways:

Appoint a guardian ad litem (GAL) to represent the minor’s best interests in the partition action; or
Require appointment of a guardian of the minor’s estate through the Orphans’ Court or Probate division if the minor will receive proceeds that must be managed or invested.

The court decides which protection is appropriate based on the facts and the monetary value of the minor’s interest.

5. Filing the complaint: what it must include

A partition complaint should identify the property, describe each owner’s claimed share, list liens and recorded encumbrances, and request partition in kind or sale. Attach the deed or probate documents that establish ownership. Ask the court to appoint a GAL or guardian for any minor heirs if necessary.

6. Court process and possible outcomes

After filing and service, the court schedules hearings. The judge may:

Order partition in kind (physically divide the parcel) when practical;
Order a sale of the entire parcel and distribution of net proceeds when division in kind would be unfair or impractical; or
Approve buyout agreements where one co‑owner buys other interests at a fair court‑approved price.

If the court orders a sale, it will protect minors’ interests by reviewing the sale process and the distribution of proceeds. If a guardian of the estate receives funds on behalf of a minor, the guardian must manage those funds subject to court supervision and accounting rules.

7. Sales, bidding, and distribution of proceeds

Sales ordered by the court typically follow procedures that ensure fair market value (public sale, sheriff’s sale, or supervised private sale). The court will deduct liens, costs, commissions, and court costs, then distribute net proceeds according to each owner’s interest. For minors, the court may require a bond, investment restrictions, or that funds be held in court registry or supervised accounts until the minor reaches the age of majority or until further court order.

8. Practical timeframes and costs

Partition actions vary in length. Simple uncontested matters may resolve in a few months. Contested actions, valuation disputes, or cases requiring appointment of guardians can take longer. Expect filing fees, service costs, appraisal fees, attorneys’ fees, guardian ad litem fees, and sale expenses. Courts balance protecting minors with efficient resolution.

9. Relevant Pennsylvania resources

Pennsylvania Consolidated Statutes (Decedents, Estates, and Fiduciaries — Title 20): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
Pennsylvania Consolidated Statutes (Judiciary and Judicial Procedure — Title 42) and other court‑procedure statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42
Pennsylvania courts — rules and procedural resources: https://www.pacourts.us/rules-of-court

Helpful Hints

Start by collecting documents: deed, decedent’s death certificate, will (if any), probate paperwork (letters), mortgage or lien records, and a recent tax bill. These items make the complaint and court filings much faster.
If heirs include minors, mention that in your initial court filing and request immediate appointment of a guardian ad litem to avoid delays later.
Get a professional appraisal early. Courts often rely on independent appraisals to decide whether to partition in kind or order a sale.
Be prepared for valuation disputes. If co‑owners disagree on value, the court may order appraisals at each party’s expense or appoint its own expert.
Consider mediation or negotiation (buyouts) before filing. Courts often approve private settlements that buy out minors’ interests, subject to safeguards and likely court review.
If a guardian of the minor’s estate will be required, expect the guardian to post a bond and provide accountings. Consult counsel familiar with guardianship procedures.
Protect the property while the case proceeds. Ensure taxes and insurance remain current to avoid liens or loss of value that would harm minor heirs.
Talk to an estate or real‑property attorney early. They can advise filing strategy, draft pleadings, and help the court understand why a guardian is needed for minors.

When you should consult an attorney

Consult an attorney if the heirs disagree about selling vs dividing, if minors hold significant value, if liens or mortgages exist, or if the estate and title are unclear. An attorney can prepare the partition complaint, handle service on minors, seek appointment of a guardian ad litem or guardian of the estate, and represent the minor’s financial interests through required court accountings.

Final notes and summary

Filing a partition action in Pennsylvania is a common way to resolve disputes over inherited property. Courts take special steps to protect minors, typically requiring a guardian ad litem or guardian of the estate before approving any sale or distribution that affects a minor’s interest. Early planning, accurate documentation, and prompt appointment of a representative for minors reduce delays and risks to minor heirs’ financial interests.

Disclaimer: This article is informational only and not legal advice. It summarizes general Pennsylvania procedures and resources; individual cases vary. For advice about your specific situation and about guardianship or representation of minors in a partition action, consult a Pennsylvania attorney licensed to practice in the county where the property is located.