Disclaimer: This is general information, not legal advice. Laws change and every case is different. Consult a Wisconsin attorney for advice about your situation.
Overview
If a decedent’s home is owned by multiple heirs and one or more heirs are minors, a court usually must approve any sale that affects the minor’s share. The court’s role protects the minor’s financial interests and ensures the sale is fair. Below is a step‑by‑step explanation of how this typically works in Wisconsin, what filings and court orders are usually required, and practical tips for completing a sale.
Detailed answer — how to get court approval in Wisconsin
1) Confirm how title passed and whether probate is needed
First, determine how the property passed from the decedent to the heirs. Common paths include:
- Title held in joint tenancy with right of survivorship — may pass immediately to the surviving owner(s) and might not require probate.
- Property passed by deed, beneficiary deed, or transfer on death — may avoid probate.
- Property passed through the decedent’s will or by intestacy — likely requires estate administration (probate) in circuit court.
If probate (formal administration or informal administration) is required, a personal representative (executor or administrator) must be appointed by the court to handle estate assets, including real estate.
2) If a minor owns a portion, a guardian of the minor’s estate or other court authority is required
Minors cannot legally manage significant property transactions. In Wisconsin, a guardian of the property (guardian of the estate) for the minor must be appointed or the court must otherwise authorize the sale. Guardianship matters in Wisconsin are governed by the guardianship statutes. See Wis. Stat. ch. 54 for the statutory framework for appointing guardians and the guardian’s duties: https://docs.legis.wisconsin.gov/statutes/statutes/54.
3) Who petitions the court and what to ask for
Typical petitions include:
- Petition to open estate administration (if title passes through the estate) and appointment of a personal representative.
- Petition to appoint a guardian of the minor’s estate (if no guardian exists) or a petition by a guardian asking the court to authorize sale of the minor’s real property.
- If a personal representative is in place, a petition by the personal representative requesting court permission to sell estate real property when necessary under the probate statutes.
The petition should describe the property, list all owners/interested persons (including the minor heir and any co‑owners), state why the sale is in the minor’s best interest, and set out proposed sale terms (price or method of sale, commissions, closing conditions).
4) Appraisals, notice, and proof the sale is reasonable
Court approval normally requires evidence that the sale is fair and in the minor’s best interest. Typical requirements:
- One or more licensed real estate appraisals or broker price opinions showing fair market value.
- A signed purchase agreement (often with contingencies) submitted to the court.
- Notice to interested parties (all heirs, creditors as required) and sometimes notice by publication. Wisconsin probate and guardianship procedures include notice and hearing requirements; the court will set a hearing where interested parties can object.
5) Court hearing and order
The court will hold a hearing to review the petition, the appraisal(s), the purchase agreement, and any objections. If the court finds the sale is in the minor’s best interest and the price and terms are reasonable, it will enter an order authorizing the sale and specifying how sale proceeds must be handled (for example, deposited into a court‑supervised account or invested under court direction).
6) Closing, bond, and accounting
After the order, the sale can close. The court order may require:
- A bond for the guardian or personal representative to protect the minor’s interests (the court will set bond amount unless waived).
- Sale proceeds to be held in a guardianship account, blocked account, or other restricted account pending further court order or until the minor reaches majority.
- Periodic accounting to the court showing how proceeds were invested or spent for the minor’s benefit.
7) Distribution or continuing management of proceeds
The court typically requires that sale proceeds belonging to the minor be preserved and either invested prudently or placed into an appropriate custodial or guardianship account until the minor reaches age of majority or a different court order directs distribution. The guardian/personal representative must follow Wisconsin guardianship rules for managing and reporting the ward’s assets. See Wis. Stat. ch. 54 for guardian duties and reporting requirements: https://docs.legis.wisconsin.gov/statutes/statutes/54.
8) If the property is in the estate (personal representative) — probate sale rules
If the property is estate property subject to administration, the personal representative’s authority to sell may come from the will or from probate statutes and may require court approval or confirmation. Wisconsin probate statutes and rules set out when and how a personal representative may sell real property. See the Wisconsin probate statutes for administration procedures: https://docs.legis.wisconsin.gov/statutes/statutes/859.
Documents and evidence you will typically need
- Certified copy of the decedent’s death certificate.
- The will, if any (or record showing intestacy).
- Deed/title showing ownership and how title is held.
- Letters testamentary or letters of administration (if probate opened).
- Guardianship appointment documents (if a guardian of the estate is or will be appointed).
- Licensed appraisal(s) and the proposed purchase agreement.
- Proposed court order approving the sale and directing handling of the proceeds.
Typical timeline and costs
Timelines can vary: opening a simple guardianship or obtaining approval to sell may take a few weeks to a few months depending on court schedules, notice periods, and whether objections arise. Costs commonly include attorney fees, filing and publication costs, appraisal fees, guardian bonds, and court‑ordered accounting expenses. If probate administration is required, expect additional steps and expense.
Practical examples (hypothetical)
Example A: Two adult heirs and one minor heir inherit a house by will. The executor petitions the court to sell the house to pay debts and divide proceeds. The executor files an appraisal, provides notice to heirs, and asks the court to authorize sale and direct that the minor’s share be deposited into a guardianship account. The court holds a hearing, approves the sale, and sets accounting requirements for the minor’s funds.
Example B: Title passed by intestacy and property went directly to heirs with the minor on title. A guardian of the minor’s estate must be appointed before the minor’s share can be sold. The guardian petitions the court for authority to sell the minor’s portion and shows market value and the sale agreement. After court approval and required safeguards, the sale closes.
Helpful hints
- Start by confirming how title passed — that determines whether probate or guardianship is required.
- Get a written appraisal or broker price opinion before asking the court to approve a sale.
- Hire a probate or guardianship attorney familiar with Wisconsin circuit court practice — the court process and required paperwork can be technical.
- Expect the court to require safeguards for the minor’s share (blocked accounts, bond, supervised investments).
- Be ready to document why a sale is in the minor’s best interest (liability, cost of maintenance, inability to jointly occupy the property, urgent need for funds to pay debts or taxes).
- Consider alternatives such as buyout by co‑owners, partition action, or letting the estate sell the property under a probate administration; discuss tax consequences with a tax professional.
- Use local forms and follow local circuit court rules — each county may have specific filing and notice prerequisites. Wisconsin circuit court forms and local instructions can be found through the Wisconsin Courts website and court clerk.
Relevant statutes and resources (starting points):
- Wisconsin guardianship statutes (general framework for appointing guardians and managing a minor’s estate): https://docs.legis.wisconsin.gov/statutes/statutes/54
- Wisconsin probate/estate administration statutes (procedures for opening an estate and for personal representative powers): https://docs.legis.wisconsin.gov/statutes/statutes/859
- Wisconsin Courts — forms and procedural information for probate and guardianship matters: https://www.wicourts.gov/forms1/circuit/index.htm
If you are facing this situation, consider contacting a Wisconsin probate/guardianship attorney early. They can evaluate whether probate is necessary, prepare the petition and supporting documents, and represent the minor’s interests at the court hearing to help secure an orderly sale and protect the minor’s share.