Filing a partition action or petition for sale of inherited real estate in Arizona when some heirs are minors

Detailed answer — how this works in Arizona

If you inherit real property in Arizona with other heirs and some of those heirs are minors, you can still ask the Superior Court to divide the property (a partition action) or to order the property sold and the proceeds divided (a petition for sale). Arizona law treats property interests of minors as real legal interests that require special court supervision. The basic path is the same as for adult co-owners, but the court will take extra steps to protect the minor heirs’ interests.

Key legal framework

• Partition and other civil procedures are handled in Arizona Superior Court under state civil procedure rules (see Arizona Revised Statutes, Title 12). For general statutes and chapters, see the Arizona Legislature site: A.R.S. Title 12 (Courts & Civil Procedure).
• Matters affecting minors, guardianships, and the handling of minor’s property are governed by Arizona’s probate and guardianship laws (see A.R.S. Title 14): A.R.S. Title 14 (Trusts, Estates & Guardianships). The Superior Court’s probate/guardianship procedures and local court rules will also apply; see Arizona Courts guidance on probate and guardianship at azcourts.gov.

Practical steps to file

1. Confirm ownership and whether the property is already in probate. If the decedent’s estate is open in probate, the personal representative or the probate court may control sale or distribution; if no probate exists, heirs may proceed directly with a civil partition action in Superior Court.
2. Try to reach agreement first. Courts strongly encourage agreement among co-owners. A written buyout or sale agreement can avoid litigation and the extra safeguards the court requires for minors.
3. If you cannot agree, prepare and file a partition complaint (or petition for sale) in the Superior Court in the county where the property lies. The petition should name all co-owners, including minor heirs, and describe each party’s claimed share and the relief requested (division in kind or sale and division of proceeds).
4. When minors are parties, the complaint must identify each minor by name and include the name and contact for any parent or guardian. The court will not allow a minor to defend or sell his/her interest without a representative. Expect the court to appoint a guardian ad litem or counsel to represent the minor’s litigation interests.
5. Expect appointment of a guardian of the minor’s estate or conservator where sale proceeds or other funds will be paid. The court may require a conservatorship under the probate/guardianship statutes to protect and manage the minor’s share until the minor reaches majority or until the court approves a distribution plan.
6. Serve process on all parties (including minors’ parents or guardians). Follow Superior Court local rules on service and notice. The court also will ensure that minors’ interests are protected in any sale contract or distribution order.
7. At hearings the court will evaluate whether sale or partition is fair, whether a proposed sale price is reasonable, and how proceeds should be handled for minors. The court must approve any sale or settlement that disposes of a minor’s property interest.

What the court usually orders when minors are involved

• Appointment of a guardian ad litem or counsel to represent the minor’s interests in the partition action.
• Appointment of a guardian of the minor’s estate or instructions to deposit proceeds into a blocked or court-supervised account (or other court-approved investment) until the minor reaches majority or the court authorizes distribution.
• Court approval of any sale, settlement, or division that affects a minor’s share. The judge will review terms to ensure the minor obtains fair value and that funds will be properly protected.

Typical documents you will need

• Death certificate of the decedent (if property is inherited).
• Title documents, deeds, or title reports showing ownership shares.
• Any probate case numbers and filings (if the estate is or was probated).
• Identification for adult heirs and birth certificates for minor heirs.
• Proposed partition map, buyer offers, settlement agreements, or appraisals if you seek sale.

Timeline and likely costs

Timelines vary. An uncontested partition or sale with court approval can take a few months. A contested action that requires appraisal, discovery, or trial can take a year or more. Costs include court filing fees, service fees, attorney fees, appraisal fees, and possibly guardian ad litem or conservator bond/costs. When minors are involved, expect additional time and expense for court-supervised protections.

Helpful hints

• Talk to a probate or real estate attorney early. An attorney can explain options (buyout, sale, partition in kind) and advise on protecting minors’ interests.
• Consider mediation or a private buyout. A negotiated sale or buyout approved by the court for minors is often faster and less expensive than litigation.
• Don’t transfer or spend a minor’s share without court approval. Doing so can expose you to liability and may invalidate the transfer.
• Be ready to show clear accounting: courts want transparent plans for proceeds that protect a minor’s money (e.g., blocked accounts or conservatorship investment instructions).
• Check local Superior Court self‑help resources and forms. Arizona Courts provide probate/guardianship guidance and local rules at azcourts.gov.
• When in doubt, ask the court clerk about required notices for minors or get early advice from a guardianship clerk in the probate department of the county Superior Court.

Disclaimer: This article is educational only and not legal advice. Laws change and every case turns on its facts. For advice about your situation, consult a licensed Arizona attorney who handles partition, probate, and guardianship matters.