The Short Answer

You usually can pursue a court-ordered sale/partition of inherited Pennsylvania real estate even when some heirs are minors, but the court will require protections for the minors’ interests. In practice, that often means the court requires notice to a guardian (or appoints a guardian ad litem) and may require a separate court order authorizing any sale or conveyance affecting the minor’s share.

What Pennsylvania Law Says

When a minor has an ownership interest in inherited property, Pennsylvania courts generally treat that interest as needing additional safeguards before it can be sold, transferred, or otherwise affected by litigation. That’s why these cases often involve Orphans’ Court oversight (or coordination with it), court-directed notice requirements, and sometimes a court-appointed representative for the minor.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 5165.

This statute provides that the guardian of a minor’s estate must receive notice of proceedings affecting the minor’s property interest, and if there is no appropriate guardian, the court may appoint a guardian ad litem to receive notice and represent the minor’s interest (and the court may dispense with that appointment in limited situations described in the statute).

In addition, when a sale of a minor’s real estate interest is involved, Pennsylvania law allows a guardian to act only with court approval when the court finds it is in the minor’s best interests. See 20 Pa.C.S. § 5155.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to inherited real estate with minor heirs is rarely simple. Legal outcomes often depend on:

• Required representation and notice: If the minor has no guardian authorized to act, the court may require a guardian ad litem under 20 Pa.C.S. § 5165, and mistakes here can delay or derail the case.
• Best-interests findings and court approval for any sale affecting a minor: A sale involving a minor’s interest may require a court order under 20 Pa.C.S. § 5155, including court-directed terms, notice, and (in some cases) security.
• Forum and case posture issues: Depending on how title is held (estate vs. heirs as co-owners), whether the estate is still open, and whether there are future interests or unascertained parties, you may need Orphans’ Court involvement and/or additional court orders (which can change the timeline and leverage in settlement).

If this is handled incorrectly, the risk is not just delay—courts can refuse to approve a sale, require re-noticing and re-litigation, or unwind a transaction that didn’t properly protect a minor’s interest. Having counsel is often the difference between a clean, court-approved sale and a stalled case that becomes more expensive over time.

If you want more background on partition generally, see: How Does a Partition Action Work in Pennsylvania (Especially for Inherited Property)? and Do All Heirs and Devisees Have to Be Joined in an Estate Partition or Court-Ordered Sale in Pennsylvania?.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.