Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified California attorney for guidance specific to your situation.
Detailed Answer
Under California law, a minor cannot legally convey or consent to the sale or transfer of real property. A court and/or appointed representative must act on the minor’s behalf. Key options include:
1. Appointment of a Guardian of the Estate
A petition may be filed in the probate court to appoint a guardian of the minor’s estate under Probate Code §1500 et seq. (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1500.&lawCode=PROB). Once appointed, the guardian can manage the property and can petition the court for authority to sell the real property under Probate Code §259 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=259.&lawCode=PROB) and §2351 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2351.&lawCode=PROB). The court must find that the sale is in the minor’s best interest and may impose terms to protect the minor’s equity.
2. Establishing a Trustee or Trust
A parent, guardian or decedent’s will can transfer the property into a trust for the minor’s benefit. The trustee then manages, sells or distributes the property according to trust terms. Testamentary and inter vivos trusts are governed by Probate Code §15400–§15410 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=15400.&lawCode=PROB).
3. Partition Action with Guardian ad Litem
If multiple heirs share ownership, parties may file a partition action under Code of Civil Procedure §872.210 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=872.210.&lawCode=CCP). The court will appoint a guardian ad litem to protect the minor’s interest and may order a physical partition or sale with proceeds distributed among the owners.
4. Uniform Transfers to Minors Act (UTMA)
Under Probate Code §3900 et seq. (Uniform Transfers to Minors Act) (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3900.&lawCode=PROB), a custodian can hold and manage certain assets for a minor. While UTMA typically covers personal property or cash, proceeds from a court-approved real property sale can be held under this regime until the minor reaches the age of majority.
Helpful Hints
- Obtain a professional appraisal to establish fair market value before any sale.
- Review local probate court rules in the county where the property is located.
- Prepare to post a bond or other security to protect the minor’s interest.
- Expect the court to require periodic accounting by the guardian or trustee.
- Consult an attorney experienced in California guardianship and probate matters.