Disclaimer: This article is for general information only and is not legal advice. Laws change and every situation is different. Consult a Texas probate attorney before taking action.

Short answer

To sell an inherited home in Texas when one or more co-owners are minors, you normally must (1) determine whether the property is in probate or already passed to heirs, (2) make sure an appropriate adult or court-appointed representative can act for the minors (guardian of the estate, custodian under UTMA, or an attorney ad litem), (3) file a petition or request court approval to sell the property (unless an executor with independent administration has authority), (4) give required notice and attend a hearing, and (5) follow the court’s order about how sale proceeds for minors are handled (often deposited into the court registry or paid to a guardian or blocked account). This process protects the minors’ financial interests and provides the buyer with clear title.

Detailed answer — step by step under Texas law

1. Identify how title transferred and whether probate is open

First, find out how the minors and other co-owners received ownership. Common situations:

• The decedent left a will and the estate is in probate with an executor/independent administrator.
• No will (intestate) and an administrator has been or must be appointed in probate.
• The property passed directly by transfer-on-death deed or joint tenancy outside probate.

If the property is part of an active probate estate, the executor/administrator’s powers determine whether a court order is needed to sell. If the estate is not probated, heirs who are adults may need to open probate or otherwise clear title before a sale.

2. Check whether the personal representative can sell without a court order

Texas law allows an independent executor or administrator (under certain conditions) to sell estate real property without prior court approval. If independent administration applies and the letters give sale authority, the sale may proceed under the executor’s power. If not, or if the sale is contested, you must ask the probate court to authorize the sale. See the Texas Estates Code for rules about administrations and the powers of personal representatives: Texas Estates Code (statutes).

3. Protecting a minor’s interest: guardian, conservator, UTMA or court order

A minor cannot directly sign away their property interest for a full-value sale without court protection. Common ways to protect a minor’s interest include:

• Appointment of a guardian of the estate (probate guardianship) to manage the minor’s share.
• Using a custodian under the Texas version of the Uniform Transfers to Minors Act (UTMA) if the decedent’s planning or heirs agree that a UTMA account is appropriate — UTMA can handle certain transfers but has limits for real property.
• Obtaining a court order approving the specific sale and directing how the proceeds for the minor will be held (for example, paid into the court registry or paid to a guardian or blocked bank account).

The probate court must be satisfied the sale is in the minor’s best interest and that the price and terms are fair.

4. File the correct petition to sell and include required information

If court approval is required, the party seeking the sale (executor, administrator, heir, or co-owner) files a petition or motion requesting authority to sell the real property. Typical contents include:

• Legal description of the property and current title status.
• Why the sale is necessary or proper (pay debts, divide proceeds, maintain property, etc.).
• Proposed sale terms or a pending contract, and sales price (or method of sale such as public auction).
• Proposed distribution plan for sale proceeds, including account or guardianship arrangements for minors.

5. Notice, ad litem appointment, and hearing

The court will require notice to all interested parties — heirs, creditors, and next of kin. Texas courts commonly appoint an attorney ad litem or guardian ad litem to represent the minor’s interests in contested or non-routine matters. The court holds a hearing where it will consider evidence: appraisals, sale contract, and testimony about why the sale is fair and in the minor’s interest.

6. Court order and closing

If the judge approves, the court issues an order authorizing the sale and specifying how proceeds for minors are handled. The order may:

• Direct that proceeds be deposited to the court registry.
• Allow payment to a guardian or conservator with supervision requirements or bond.
• Require periodic reporting to the court about funds used for the minor’s benefit.

The order gives the title company the judicial authority needed to transfer clear title to the buyer.

7. Post-sale handling of minors’ proceeds

Courts typically protect minors’ money by placing funds in a blocked account, the court registry, or under a guardianship/conservatorship with court oversight. Unapproved distribution to parents or others is risky and may be reversed.

Hypothetical example (simple)

Mom dies owning the family home. Two adult children and a 10-year-old child inherit equal shares. The adult children want to sell and split proceeds. Because a minor is a co-owner, they petition the probate court to approve the sale, provide an appraisal and signed sales contract, and request that the court order the minor’s share be deposited into the court registry until a guardian is appointed or the minor reaches majority. The court appoints an attorney ad litem for the child, holds a hearing, and signs an order authorizing the sale and directing the proceeds for the minor be held in a restricted account. The sale closes with the title company relying on the court’s order.

Helpful Hints

• Get a probate attorney early. Selling a house with minor heirs usually requires careful court filings and protections — a Texas probate lawyer will guide you through administration options and filings.
• Obtain a current certified appraisal and a signed purchase contract before the hearing to show the sale is at fair market value.
• Don’t let parents or other adults sign away a minor’s interest without court approval; doing so can invalidate a sale or lead to liability.
• Expect the court to require notice and likely appointment of an attorney or guardian ad litem for minors — budget for extra fees and time.
• Consider alternatives: if all parties (including court where required) agree, you can sometimes structure a sale or buyout that minimizes court intervention — but documentation and court approval remain crucial when minors are involved.
• Ask about tax consequences, homestead issues, and liens before closing. These can affect whether a sale is permitted and how proceeds are distributed.
• Use official resources: consult the Texas Estates Code and local probate court rules for precise procedures: Texas Statutes (Estates Code) and the Texas Judicial Branch probate resources at txcourts.gov — Probate.

Next practical steps

1. Locate the death certificate, deed, will (if any), and any existing probate case number.
2. Talk to a probate attorney about whether independent administration applies or whether you must file a petition to sell in probate court.
3. Get an appraisal and prepare a petition that explains how minors’ funds will be protected.
4. Follow the court’s order exactly when closing and handling proceeds for minors.