How to get court approval to sell an inherited home when co-owners include minors

Disclaimer: This article provides general information about South Carolina probate and property procedures. It is not legal advice. Consult a South Carolina attorney about your specific situation before taking action.

Quick summary

If a decedent’s home passes through probate or a minor owns an interest in the home, South Carolina probate (or a civil court) will normally need to approve the sale. The basic steps are: (1) determine how title passed; (2) open probate or other court proceeding if required; (3) secure a guardian or guardian ad litem for any minor owners; (4) obtain court authority to sell (through a petition, appraisal, notice, and hearing); and (5) close the sale and follow court directions for distributing proceeds or protecting the minor’s share.

Detailed answer — step by step under South Carolina law

1. Determine how title passed (does the property need probate?)

First, examine the deed and any estate planning documents:

If the property was held as joint tenants with right of survivorship or held in a valid living trust, the property may pass outside probate and not require court approval to sell except to the extent a minor’s interest is involved.
If the property was owned in common (tenancy in common) or the decedent owned it solely and it is part of the estate, the personal representative (executor/administrator) will generally need authority from the probate court to sell.

Resources: South Carolina’s statutes on decedents’ estates and probate are in Title 62 of the South Carolina Code of Laws: https://www.scstatehouse.gov/code/title62.php.

2. Open probate or obtain a comparable court proceeding

If the house is estate property, someone must be appointed personal representative (called executor if there is a will, or administrator if there is not). The personal representative has authority only as granted by the probate court and by statute.

If the property interest is held by a minor outside of probate (for example, a deed conveys a fractional interest directly to a minor), you may need to open a guardianship or file a petition in probate court so someone can act for the minor’s property interest.

See general probate information at the South Carolina Judicial Department: https://www.sccourts.org/.

3. Appoint a guardian or guardian ad litem for the minor(s)

South Carolina courts protect the interests of minors. When a sale will affect a minor’s property interest, the court will typically require either:

appointment of a guardian of the minor’s estate to manage the funds that belong to the minor, or
appointment of a guardian ad litem to represent the minor’s interests in the sale proceeding.

The court may require a bond for any guardian who handles the minor’s money and will often require the minor’s separate approval or a specific order approving the sale as being in the minor’s best interest.

4. File a petition requesting authority to sell the home

The personal representative (or a guardian/petitioner) files a petition with the probate court asking for authority to sell. The petition normally includes:

legal description of the property;
the basis for the petitioner’s authority (personal representative appointment, guardianship, or ownership status);
a statement of why the sale is necessary or in the best interest of estate beneficiaries (e.g., to pay debts, to partition or divide proceeds among heirs, to preserve value, or because co-owners cannot agree);
an appraisal or market evidence supporting the proposed sale price or the method of sale (private sale or auction); and
a request for any special orders (e.g., sale free of liens, sale subject to overbids at hearing, approval of buyer if a related party is involved).

5. Give required notice and attend a court hearing

The court will set a hearing and require notice to all interested parties — heirs, devisees, creditors, and anyone with a recorded interest. If a minor is a party, the guardian/guardian ad litem must appear for the minor. The court will review whether the sale is fair, whether the price is reasonable, and whether the sale is in the minor’s best interest.

6. Court order authorizing the sale

If the court approves, it will issue an order authorizing the sale and outlining conditions (e.g., minimum price, escrow instructions, distribution of proceeds, bond requirements for guardians). The personal representative or guardian can then complete the sale under those court terms.

7. Closing, distribution, and accounting

At closing, the court-ordered sale documents must be recorded, liens paid, and sale proceeds handled as the court ordered. For minors, the court may order the minor’s share to be:

placed into a blocked or restricted account under court supervision,
paid to a guardian of the minor’s estate (with a bond), or
invested under court-approved terms until the minor reaches majority.

The personal representative will usually file a final accounting with the probate court showing how funds were handled and how distribution was made.

Alternative: Partition action when co-owners (including minors) hold as tenants in common

If co-owners cannot agree to sell and the property is not estate property (for example, two heirs hold title as tenants in common), a co-owner can bring a civil suit for partition. The court may order a physical partition or a sale and divide proceeds among owners. When minors are owners, the court will appoint a guardian ad litem to represent the minor’s interest and will take steps to safeguard the minor’s share.

Partition actions are civil matters handled in the courts of general jurisdiction; check applicable South Carolina civil procedure rules and local court practices. See South Carolina general statutes for civil actions: https://www.scstatehouse.gov/code/title15.php.

Practical timeline, costs, and evidence the court commonly wants

Timeline: Opening probate and getting authority typically takes weeks to months depending on court schedules and whether guardianships or bond issues are required. Complex or contested sales take longer.
Costs: attorney fees, probate court filing fees, publication/notice costs, appraisal fees, broker commissions if listed, and potential bond premiums for guardians.
Evidence to provide: death certificate, deed, will (if any), heir list, appraisal or CMA (comparable market analysis), any written offer, and documentation about liens and mortgages.

When to consult an attorney

Get legal help if any of the following apply:

property ownership is unclear or title is contested;
minors are owners or beneficiaries;
co-owners disagree about sale or price;
there are creditors or tax issues that might affect sale proceeds;
you need guidance on how funds for minors must be protected or invested under South Carolina law.

Helpful hints

Start by pulling the deed at the county register of deeds to confirm how title is held.
Obtain a current market appraisal before petitioning the court; courts want evidence the sale price is reasonable.
Expect the court to require clear notice to all heirs and lienholders — build time into your schedule for mailing and publishing notices if needed.
If minors are involved, plan for bond or special accounting requirements — guardians handling money almost always must give a bond unless the court waives it for good cause.
Keep detailed records. The probate judge will review the sale and distribution, and you will likely need to file a final accounting.
If co-owners are willing to sell but one or more minors can’t consent, use the probate process to get court-sanctioned authority to close without risking future challenges.

Relevant South Carolina resources:

South Carolina Code — Title 62 (Probate and Estates): https://www.scstatehouse.gov/code/title62.php
South Carolina Code — Title 15 (Civil Procedure, including partition actions): https://www.scstatehouse.gov/code/title15.php
South Carolina Judicial Department (general court and probate resources): https://www.sccourts.org/

Because rules and local practices differ, consult a South Carolina probate or real estate attorney to confirm the precise filings, notices, and protections required where minors are involved. An attorney can prepare petitions, represent minors’ interests, and help obtain a court order that will protect the sale from later challenge.