Detailed Answer
When an heir to real property is a minor, they cannot legally sign documents to sell or transfer land. Washington law requires court oversight to protect the minor’s interests. Below are the primary options:
1. Guardianship of the Estate
You can petition the Superior Court in the county where the minor resides to appoint a guardian of the estate under Washington’s Probate Code. The guardian must obtain court approval before selling or transferring real property on behalf of the minor. Key steps include filing a petition, providing notice to interested parties, posting a bond, and securing a court order authorizing the sale. (See RCW 11.130.015 and RCW 11.130.020.)
2. Minor Settlement Act (Compromise)
If the property sale arises from a legal claim—such as damages to the estate or wrongful death—you can use the Minor Settlement Act to seek court approval of a settlement. The court reviews the fairness of the terms and typically orders that proceeds be held in a blocked account or trust for the minor’s benefit. (See RCW 11.138.)
3. Partition Action with Guardian ad Litem
If co-heirs include adults and a minor, one or more heirs may file a partition action under Washington’s real property statutes. The court appoints a guardian ad litem to represent the minor’s share. The court can then order a sale and divide or distribute proceeds according to each heir’s interest. (See RCW 7.52.030.)
4. Family Settlement Agreement with Court Confirmation
All heirs—including parents or guardians of the minor—can negotiate a private settlement to transfer the minor’s share to another heir or third party. The agreement must be submitted to the Superior Court for approval. The court ensures the settlement serves the minor’s best interests before authorizing the transfer.
Helpful Hints
- Identify the county Superior Court that has jurisdiction over the minor’s estate.
- Obtain a professional appraisal to support the proposed sale price.
- Notify all interested parties—parents, guardians, and potential heirs—of any court petitions.
- Plan for court costs, publication notices, and bond requirements under guardianship rules.
- Consider mediation or a family settlement to reduce time and legal expenses.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified Washington attorney to discuss your specific situation.