Detailed Answer
In Rhode Island, a minor cannot legally convey real estate without court involvement. Any sale or transfer of property held by a minor requires judicial supervision. State law provides several pathways: a guardianship sale through Probate Court, a custodian arrangement under the Uniform Transfers to Minors Act (UTMA), a partition action, or appointment of a special guardian or conservator.
1. Guardianship Sale Through Probate Court
Under Rhode Island General Laws § 33-5-16, a guardian of a minor’s estate must petition the Probate Court in the county where the property lies. The petition should describe the property, state the proposed sale price, and demonstrate that the sale benefits the minor. The court holds a hearing, reviews appraisals, and evaluates sale terms. If it finds the transaction fair, the court issues an order confirming the sale. Sale proceeds remain in the court’s registry until the minor reaches majority.
2. Uniform Transfers to Minors Act (UTMA)
Rhode Island adopts the UTMA in Chapter 33-14.4. Under R.I. Gen. Laws § 33-14.4-2, a custodian may hold property for a minor. The custodian may sell real property if it serves the minor’s best interest and use proceeds solely for the minor’s care, education, and support. At age 18, the former minor gains control of any remaining assets.
R.I. Gen. Laws Chapter 33-14.4
3. Partition Action
If siblings or other heirs hold title as co-owners, any co-owner can file a partition suit in Superior Court under R.I. Gen. Laws § 34-7-1. The court may divide the land or order its sale. In either case, the court protects a minor’s share—often by appointing a guardian ad litem to represent the minor’s interests throughout the process.
4. Special Guardianship or Conservatorship
For complex estates or disputes, the court may appoint a special guardian or conservator to act solely on behalf of the minor’s property. The court then must approve any proposed sale, transfer, or mortgage.
Disclaimer: This article does not provide legal advice. It offers general information under Rhode Island law. Always consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Begin the guardianship or UTMA process early to avoid delays in closing.
- Obtain an independent, licensed appraisal to support the proposed sale price.
- Keep detailed records of all court filings, orders, and sale proceeds.
- Consider UTMA for a streamlined transfer if the minor’s parent or trusted adult can serve as custodian.
- In partition suits, a guardian ad litem safeguards the minor’s share and ensures the sale terms are fair.