Detailed Answer

When multiple people inherit real estate in Arkansas and one or more heirs are minors, the basic legal tools are the same as for adult co‑owners: a partition action or a petition for sale in the circuit court for the county where the property sits. However, Arkansas law treats minors differently because they cannot directly protect their legal or financial interests in court. Below is a clear, step‑by‑step explanation of how the process typically works in Arkansas and the special steps you must take when minors are involved.

1. Determine ownership form and identify all parties

Start by reviewing the deed and any probate documents to learn whether the heirs hold the real estate as joint tenants, tenants in common, or by another title. Most inherited property among multiple heirs becomes tenants in common, which allows any co‑owner to ask the court to partition or sell the property. Make a complete list of heirs and other interested parties (lienholders, mortgagees, buyers with equitable interests).

2. Choose the correct court and file the complaint

In Arkansas, partition and petitions for sale of real property are filed in the circuit court in the county where the property is located. The complaint (sometimes called a petition) should ask the court either to:

• Order a partition in kind (divide the land into separate parcels) if a fair physical division is practicable; or
• Order a sale of the property and a division of proceeds if division in kind is impractical or inequitable.

3. Make minors proper parties through a guardian or guardian ad litem

Minors cannot sue or be sued in their own names in the same way adults can. The court must appoint someone to represent the minor’s legal and financial interests in the partition proceeding. There are two common approaches used in Arkansas civil actions:

• Guardian ad litem (GAL) — A GAL is appointed by the circuit court specifically to represent the minor’s interests in the pending lawsuit and to make recommendations to the court about what is fair and in the minor’s best interest. The GAL is independent and reports to the court.
• Guardian of the estate or guardian of the person — If a minor already has a court‑appointed guardian for their estate (through probate), that guardian can often act for the minor in property matters. If not, the probate court may need to appoint a guardian of the estate for the minor’s inherited property or the circuit court may appoint a GAL for the litigation portion.

Which path the court chooses depends on the facts: whether a guardian of the estate is already in place, the size and nature of the minor’s interest, and whether the court believes a GAL is sufficient vs. a full guardianship.

4. Notice and service on minors

The complaint and all court notices must be served on all parties, including notice to the minor’s guardian or guardian ad litem. If a guardian has not yet been appointed when the case is filed, the court will typically require notice by serving the minor’s parent(s) or next friend and then formally appoint a GAL or order a guardianship procedure.

5. Seeking a sale and handling court supervision

If the court orders a sale, it will supervise the sale process to ensure fairness when minors are involved. Common protections include:

• Approval of the proposed sale terms by the court (a confirmation hearing),
• Appointment of a commissioner or officer to conduct the sale under court supervision, and
• Requirements that sale proceeds attributable to minors be handled in a court‑approved way.

6. Protecting minors’ proceeds

Proceeds that belong to minors typically cannot simply be paid to a parent or to the guardian for unrestricted use. Common paths in Arkansas include:

• Depositing the minor’s share into the court registry until the court orders appropriate disposition;
• Placing funds under a guardianship for the minor’s estate (probate court supervision) so the guardian can manage and disburse funds for the minor’s benefit; or
• Using a statutory device such as a custodial account (if Arkansas UTMA/UGMA rules apply and are appropriate) or other court‑approved investment vehicle that protects the funds for the minor until reaching majority or another court‑ordered age.

7. Court oversight, settlements, and final distribution

Any settlement affecting a minor’s interest typically requires court approval. The circuit or probate court will review the settlement or distribution and must find it reasonable and in the minor’s best interest before approving and directing payment. When the court approves a sale and distribution, it will issue an order that the clerk follows to disburse funds.

8. Practical timeline and what to expect

Partition actions vary in length. Expect several months at minimum, often longer if title issues, contested facts, valuation disputes, or guardianship appointments are involved. With minors, the need to appoint a GAL or guardian and obtain court approval for sales and distributions can add time.

9. Where to find Arkansas statutes and court resources

Arkansas’s circuit courts handle partition and sale petitions. For official Arkansas statutory materials and court resources, start with these state sites:

• Arkansas General Assembly — main site for searching Arkansas Code: https://www.arkleg.state.ar.us/
• Arkansas Judiciary / Arkansas Court System information: https://www.arcourts.gov/

These resources will help you locate statutes on partition, guardianships, and probate procedures that apply in Arkansas.

When to hire an attorney

Because minors’ rights receive heightened court protection and because partition actions can raise complex title, valuation, and procedural issues, consult an Arkansas attorney familiar with real property litigation and probate/guardianship as soon as possible. An attorney can:

• Prepare and file the necessary pleadings correctly;
• Request appointment of an appropriate GAL or guardianship if needed;
• Negotiate or litigate for a fair sale price and division; and
• Guide the court‑supervised distribution of minors’ proceeds to protect their interests.

Disclaimer: This article provides general information about Arkansas procedures and is not legal advice. It does not create an attorney‑client relationship. For advice about a particular situation, contact a licensed Arkansas attorney.

Helpful Hints

• Identify heirs early and confirm exact ownership type from the recorded deed and probate file.
• Do not accept or spend funds that belong to a minor without court approval or a properly appointed guardian—doing so can lead to liability.
• If one heir wants to buy out the minors’ interests, propose a buyout to the court with independent valuation and seek court approval to protect the minors’ share.
• Expect the court to require an independent appraisal if value is disputed—arrange this early to speed the process.
• Keep records of all communications and offers; courts will want to see full disclosure when minors are affected.
• If the matter involves probate (the property came through a will or intestacy), coordinate the partition action with the probate estate’s administration—sometimes the personal representative must be joined or consent obtained.
• Ask about appointment of a guardian ad litem for the minor; the GAL’s role is to protect the child’s financial interests in the litigation.
• Consider mediation before trial. Courts often favor negotiated sales or buyouts and mediation can preserve value and reduce cost and delay.