Rhode Island: Filing a Partition Action or Petition to Sell Inherited Real Estate When Some Heirs Are Minors | Rhode Island Partition Actions | FastCounsel
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Rhode Island: Filing a Partition Action or Petition to Sell Inherited Real Estate When Some Heirs Are Minors

August 14, 2025 6 min read

Short answer

If co‑owners inherit real estate in Rhode Island and they cannot divide the property by agreement, a partition action or a petition for sale may be filed in court to force division or sale. When one or more heirs are minors, the court will require special steps to protect the minor(s): appointment of a guardian or guardian ad litem, court approval of settlements or sales affecting the minor’s share, and secure handling of the minor’s proceeds. The process can involve both probate and superior court procedures depending on how title passed.

Detailed answer: How the process works in Rhode Island

1) Which court handles the matter?

Partition actions are generally civil matters in the Rhode Island Superior Court. If the real estate is still in the decedent’s estate or if you need a guardian for the minor’s share, the Probate Court may become involved. Start by determining how title passed (by will, intestacy, joint tenancy, etc.). For court locations and contact information, see the Rhode Island Superior Court and Probate & Family Court pages:

2) Who must be joined as parties?

All people who hold an interest in the property must be named in a partition suit. If an heir is a minor, the minor must be represented in the litigation. That usually happens by:

  • appointing a guardian of the minor’s property through Probate Court, or
  • appointing a guardian ad litem to represent the minor’s litigation interests in the Superior Court case.

3) Timing and preliminary steps

Typical early steps include:

  1. Obtain a certified copy of the death certificate and any probate documents showing heirs and ownership. If the estate still holds title, the personal representative or probate court may need to act first.
  2. Identify all heirs, their contact information, and whether any are minors.
  3. Get a current title search and a professional appraisal or market analysis to support a sale or partition valuation.

4) Filing a partition action

To force division or sale you (or an attorney) file a complaint for partition in Superior Court. The complaint asks the court to either divide the property physically (partition in kind) or sell it and divide the proceeds (partition by sale) when division in kind is impracticable. The court will serve all co‑owners. For minors, the court will require representation as explained above.

5) How the court protects minors

The court has several common protective steps:

  • Appoint a guardian ad litem or require appointment of a Probate Court guardian for the minor’s property interests.
  • Require court approval of any compromise, sale, or distribution that affects the minor’s share.
  • Order that the minor’s share of sale proceeds be held in court registry, deposited with a court‑approved custodian, or turned over to a court‑appointed guardian, until the minor reaches majority or the probate court gives other directions.

6) Sale procedure and distribution

If the court orders a sale because the property cannot be fairly divided, the court typically:

  1. appoints a commissioner (or authorizes a sale through a broker) to sell the property at public or private sale;
  2. approves the sale terms and the purchaser;
  3. requires the purchaser to close and pays sale proceeds;
  4. orders payment of liens, commissions, and expenses, then divides the net proceeds among the co‑owners according to their ownership shares.

When a minor is an owner, the court will require an additional step: review and approval of the division of proceeds and instructions for safekeeping the minor’s portion until it can be delivered legally.

7) Interaction between Probate and Superior Court

If the property is still titled in the decedent’s name or the estate has not been fully administered, the Probate Court may need to appoint a personal representative or a guardian of the minor’s property before a Superior Court partition can proceed. Coordinate filings so both courts understand the status of the minor’s representation and the estate.

8) Hypothetical example

Imagine three siblings inherit a house. Two siblings are adults; one is 14. The siblings cannot agree on whether to sell or divide the property. Steps likely to happen:

  1. One sibling files a partition complaint in Superior Court and names the 14‑year‑old as a defendant.
  2. The court asks the Probate Court to appoint a guardian for the 14‑year‑old’s property or appoints a guardian ad litem to represent the minor in the partition action.
  3. The court finds physical division impractical and orders a sale. It approves the sale terms and requires the buyer to close.
  4. After closing, liens and costs are paid. The minor’s portion is placed in the court registry or turned over to a court‑approved guardian pending future disbursement to the minor.

9) Costs and timeline

Partition cases can take several months to more than a year depending on complexity, title issues, and whether the minors’ representation or probate matters add steps. Expect costs for filings, a court‑appointed commissioner or broker fees, appraisal fees, and attorney fees. Courts often award fees and costs in limited circumstances, but plan for out‑of‑pocket expense.

10) Alternatives to a contested partition

  • Private buyout: one co‑owner buys the others’ shares (requires valuation and a guardian/probate approval for minors).
  • Mediation or settlement: resolve use, buyout price, or sale terms by agreement with court approval for minors.
  • Refinance or rent: generate income to cover expenses while heirs wait (requires agreement on management and distribution).

Helpful hints

  • Start by checking the deed and probate records to confirm how title passed.
  • Immediately identify whether any heirs are minors and begin a guardianship or guardian ad litem process early to avoid delays.
  • Obtain a current market appraisal before asking the court to order a sale or to evaluate a buyout offer.
  • File clear pleadings that list all owners, their addresses, and known minor status to avoid service problems later.
  • Consider mediation before litigation. Courts often encourage settlement, which can be faster and cheaper.
  • If a sale is ordered, ask the court how it will hold the minor’s proceeds (court registry vs. guardian) and what documentation you will need to access funds when the minor reaches majority.
  • Keep detailed records of expenses and improvements; the court will account for liens, taxes, and necessary expenses before splitting proceeds.
  • Use the Rhode Island courts website to find local forms and contact the clerk for procedure questions: https://www.courts.ri.gov/Forms/Pages/default.aspx
  • Look up Rhode Island statutes and rules on the legislature site for background research: https://www.rilegislature.gov/Statutes/

When to get an attorney

Consult an attorney if:

  • co‑owners disagree about sale vs. division, value, or distribution;
  • the property has liens, mortgages, or title defects;
  • one or more heirs are minors or incapacitated and require guardianship or court protection;
  • you need help coordinating probate and partition matters across courts.

Where to find more information

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws and court procedures change. Consult a licensed Rhode Island attorney for advice tailored to your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.