Virginia: Court Approval Steps for Selling an Inherited Home with Minor Co-owners | Virginia Estate Planning

Disclaimer

This is general information and not legal advice. I am not a lawyer. For advice tailored to your situation, consult a Virginia attorney who handles probate, guardianship, or real property matters.

Detailed Answer

If a home is owned by multiple heirs and one or more owners are minors, a Virginia circuit court usually must approve the sale so the minors’ interests are protected. The court’s involvement ensures the sale is fair, that sale proceeds for the minors are properly handled, and that the interests of all co-owners are respected. Below are the typical steps, the legal authority you should review, and what the court will expect to see before it signs an order authorizing a sale.

Legal framework to review

Virginia Code, Title 64.2 (Decedents, Estates, and Fiduciaries): general probate, fiduciary, and guardianship rules — https://law.lis.virginia.gov/vacode/title64.2/
Virginia Code, Title 8.01 (Civil Remedies and Procedure): contains civil actions such as partition suits that may apply when co-owners disagree — https://law.lis.virginia.gov/vacode/title8.01/

Step-by-step process

Identify legal ownership and basis for sale.

Confirm how title passed (by will, intestacy, trust, or joint tenancy). If a personal representative (executor) or trustee has an explicit power to sell in a will or trust, that authority can sometimes permit sale without additional court approval. If minors directly own the property (as heirs), the circuit court typically must authorize a sale that affects a minor’s real property interest.
Determine whether a guardian or conservator exists.

If a minor already has a court-appointed guardian of the estate, that guardian may be able to petition the court to approve the sale on the minor’s behalf. If no guardian of the estate exists, the court often will appoint one or appoint a guardian ad litem to represent the minor’s interests for the sale matter.
Consult an attorney and prepare a petition to the circuit court.

The petitioner (personal representative, guardian, co-owner, or potential buyer) files a petition in the circuit court in the county where the property is located asking for permission to sell. The petition usually states:
- Who the owners/heirs are, their ages, and addresses.
- The reason for the sale (e.g., pay debts, divide proceeds, impracticality of co-ownership).
- Proposed sales terms (list price or sale-by-auction terms, buyer identity, sale contingencies).
- Suggested distribution of proceeds and request for how the minors’ shares should be handled (e.g., held in court registry, invested, or deposited with a qualified financial institution).
Provide required notice and possibly request a guardian ad litem.

The court requires proper notice to all interested parties (all co-owners, heirs, creditors, and any known persons with an interest). For minors the court often appoints a guardian ad litem or counsel to represent the minor’s separate interests in the sale proceeding. The court may also require proof of service of notice and may schedule a hearing.
Obtain valuation and evidence that sale is in the minors’ best interest.

The court will expect objective evidence that the price is fair. Submit a recent independent appraisal or broker’s market analysis, and explain why sale (instead of continued ownership or partition) benefits the minor(s). If selling to a related party, the court scrutinizes the terms more closely and often requires independent appraisal and/or competitive bidding.
Attend the hearing and secure the court order.

At the hearing the judge will consider testimony, documentary evidence, the guardian ad litem’s recommendation, and any objections. If the judge finds the sale reasonable and in the minor’s best interest, the judge will sign an order authorizing the sale and specifying how sale proceeds must be handled (for example, the minor’s share to be held in the court registry, to be paid to a guardian under court supervision, or to be invested under certain conditions).
Close the sale consistent with the court’s order.

Use the court order to complete the closing. If proceeds must be deposited into the court registry or a blocked account, follow the court’s directions precisely. The clerk’s office will usually provide instructions for depositing funds with the court or establishing court-supervised accounts for minor beneficiaries.
Follow-up accounting and eventual distribution.

If a guardian or personal representative holds the minor’s proceeds, Virginia law and the court will require periodic accountings and possibly court approval for distributions or investments of those funds. Expect ongoing reporting requirements until the minor reaches majority or until the court orders otherwise.

What the court looks for when deciding

Evidence that the sale price and sale process are fair (appraisal or market analysis).
Clear notice to all interested parties, including any creditors or lienholders.
That the sale is in the minor’s best interest—economically and practically.
Proper safeguards for minors’ proceeds (court registry, blocked accounts, or a guardian subject to reporting requirements).
No conflicts of interest (specially scrutinized if family members or fiduciaries buy the property).

Helpful Hints

Start early: court petitions, notices, and guardian appointments can take weeks to months. Factor that into any planned sale timeline.
Get an independent appraisal before you file. A neutral professional appraisal strengthens your petition and shortens challenges.
Use an attorney experienced in Virginia probate/guardian matters. Small procedural errors can delay the sale or require re-filing.
If co-owners disagree, a partition action under civil procedure may be necessary; this is a different lawsuit and can result in forced sale or division of property. Review Title 8.01 of the Virginia Code for civil remedies — https://law.lis.virginia.gov/vacode/title8.01/
Document every step and keep receipts for all expenses; the court may require an accounting for sale proceeds and costs.
Expect the court to require that a minor’s share be held in the court registry or managed by a guardian with court supervision rather than distributed directly to the minor.
If a trust exists or the estate plan gives authority to a fiduciary, check whether that document permits sale without extra court approval. Even then, the court may still protect minor beneficiaries’ interests.

Typical documents you will need

Death certificate or other proof of the decedent’s passing (if property passed through inheritance).
Deed/title showing current ownership and how title vesting is recorded.
Will or trust documents (if applicable) and any letters testamentary or letters of administration.
Appraisal or broker price opinion.
Proposed sales contract or explanation of proposed sale terms.
Names and contact information for all heirs, co-owners, and interested parties.

When you may not need court approval

If a trustee (under a trust) or a personal representative (under a valid will) has clear, express authority to sell real property and the trust or will expressly covers minor beneficiaries, it may be possible to sell without separate court permission. However, because minors are involved, many practitioners still seek a court order or otherwise confirm that the proposed transaction complies with the court’s expectations to avoid later challenges.

Where to get help

Contact a Virginia probate or guardianship attorney for a case review. The local circuit court clerk can explain filing locations and basic procedural requirements, but they cannot give legal advice about what to request or expect. Review Virginia Code Title 64.2 for probate and fiduciary rules: https://law.lis.virginia.gov/vacode/title64.2/