Detailed Answer
When an heir is a minor in South Carolina, they lack legal capacity to consent to real estate transactions. However, state law provides structured pathways to sell or transfer property on their behalf while safeguarding their interests.
1. Guardianship Proceedings
A parent or interested party may petition the Probate Court to appoint a guardian of the minor’s estate. Under SC Code Ann. §62-3-803, once appointed, the guardian may manage, lease, or—subject to court approval—sell real property. The guardian must:
- File a petition detailing the property and reasons for sale.
- Provide notice to all heirs and other interested parties.
- Obtain court authorization, which may require an appraisal and proof the sale is in the minor’s best interest.
2. Sale Under Minor’s Guardianship
Under SC Code Ann. §62-5-502, after showing that sale or mortgage serves the minor’s welfare, Probate Court can order a public or private sale. The court sets terms, approves the sale price, and ensures net proceeds are deposited into a protected account for the minor.
3. Partition by Sale
If the minor co-owns property and co-owners cannot agree on keeping or selling it, any co-owner may initiate a partition action under SC Code Ann. §15-51-10. The court can order a physical division or, more commonly, a sale with proceeds distributed according to ownership shares, including the minor’s share.
4. Uniform Transfers to Minors Act (UTMA) Accounts
South Carolina’s UTMA (SC Code Ann. Title 62, Chapter 7) allows gifts of real property into a custodial account. A custodian manages the asset until the minor reaches the statutory age (18 to 21, depending on designation). While this does not immediately sell or transfer title, it centralizes management and simplifies eventual transfer.
5. Appointment of a Guardian Ad Litem
In contested matters—such as disputes over sale terms—the court may appoint a guardian ad litem to represent the minor’s interests. This ensures independent advocacy before approving any transaction.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed South Carolina attorney to address your specific situation.
Helpful Hints
- Early valuation: Obtain a qualified appraisal to support court petitions.
- Notice requirements: Confirm notice to all heirs and interested parties per Probate Court rules.
- Court timelines: Anticipate notice periods and hearing schedules to avoid delays.
- Professional guidance: Work with a probate attorney experienced in minor’s estates.
- Document retention: Keep detailed records of petitions, orders, and sale proceeds accounting.