Filing a Partition Action or Petition to Sell Inherited Real Estate When Heirs Are Minors — Florida

Detailed answer — step‑by‑step under Florida law

Below is a clear roadmap you can follow. This explains the typical legal process, the protections Florida law provides for minors, and practical choices you and the other owners will face.

1) Confirm ownership, title type, and whether the property is in probate

• Check the deed and the will or intestacy documents to confirm how the property is owned (tenants in common, joint tenants, etc.).
• If the property passed through a probate estate, the personal representative may have authority to sell under probate rules. If the property already vests in the heirs as co‑owners (for example, tenants in common), a partition action is the usual route.

See Florida’s partition law: Chapter 64, Florida Statutes: https://www.flsenate.gov/Laws/Statutes/2023/Chapter64.

2) Try a voluntary agreement first

• Courts prefer parties to reach an agreement. If all heirs (or a parent/guardian for a minor) agree to sell or buy out a minor’s share, the process can be much faster and cheaper than litigation.
• If adults can agree to buy out a minor’s interest, the court may still need to approve any transfer that affects a minor’s property interest.

3) If you cannot agree, file a partition action

• File a complaint for partition in the county where the real estate is located. The complaint must name all co‑owners and describe the property.
• The plaintiff asks the court to divide the property physically (partition in kind) or sell it and divide the proceeds (partition by sale) if division is impracticable or inequitable.

Key statutory reference: Florida Statutes, Chapter 64 (Partition). Link: https://www.flsenate.gov/Laws/Statutes/2023/Chapter64.

4) How minors appear in the case and who protects their interests

• A minor cannot generally represent themselves. The court must ensure the minor’s legal interests are protected. That protection commonly occurs one of three ways:

• Parent or natural guardian appears as the minor’s “next friend” (allowed in many civil cases), but courts frequently want a neutral guardian ad litem when property or money is at stake.
• The court appoints a guardian ad litem (a lawyer or other neutral representative) to evaluate and represent the minor’s interests in the partition action.
• If a long‑term management solution is needed for the minor’s share of proceeds, the court may direct that the funds be handled through a guardianship (Chapter 744) or placed in a custodial UTMA account (Chapter 710).

Statutory references: Florida guardianship law: https://www.flsenate.gov/Laws/Statutes/2023/Chapter744. Florida UTMA (custodial accounts for minors): https://www.flsenate.gov/Laws/Statutes/2023/Chapter710.

5) What the court will do about sale vs. partition in kind

• The judge will consider whether physical division is practical without unfairly hurting value. If not practical, the court typically orders a sale and directs how to split net proceeds among co‑owners.
• The court may appoint a commissioner or special master to handle valuation and sale logistics, or it may authorize a public sale or private sale subject to court approval.

6) How the minor’s money is protected after sale

• The court will not casually give a minor’s share directly to the minor. Typical protective options:

• Deposit the minor’s share in the court registry until a guardian or custodian is appointed.
• Order that proceeds be paid into a guardianship estate if a guardian of the minor’s property is appointed under Chapter 744.
• Direct the creation of a UTMA custodial account for the minor under Chapter 710 so a custodian can manage the funds for the minor’s benefit until the statutory termination age.

Each option has different costs, oversight, and control implications; courts balance protection of the minor vs. administrative burden.

7) Court approval and final distribution

• Before final distribution, the court may require evidence (appraisals, sale documentation, accounting of liens and costs) and hold a hearing. If adults and guardians consent, the court may approve a proposed sale and distribution.
• The court signs a final order or decree of partition that directs how funds are distributed and how to handle the minor’s share.

8) Timeline, costs, and practical concerns

• Partition actions can take months to over a year depending on complexity, appraisals, sale method, and whether you must open a guardianship.
• Costs include filing fees, service fees, appraisals, realtor commissions (if court approves), attorney fees, and possible guardian ad litem or guardianship fees.
• If liquidity is an issue, parties sometimes negotiate a temporary buyout or short‑term rental arrangement while the dispute proceeds.

9) Example hypothetical (typical fact pattern)

Hypothetical: Three siblings inherit a house as tenants in common. Two siblings are adults. One sibling is 12 years old. The two adults disagree about keeping the house. One adult files a partition action, naming the other two siblings. The court appoints a guardian ad litem for the 12‑year‑old to protect their interest. If the court finds a fair physical division is impossible, it orders sale and directs that the 12‑year‑old’s share be placed in a UTMA custodial account (or guardianship account) pending age of distribution.

10) When to involve a probate or guardianship proceeding instead

• If the property still sits inside the decedent’s probate estate, a sale may be handled by the personal representative under probate rules and may require court approval. If the minor will receive funds that require ongoing care or management, opening a guardianship under Chapter 744 may be appropriate.

Helpful Hints

• Gather deeds, the will, death certificate, mortgage and tax records, and any documents showing how title passed.
• Talk to all heirs early. A negotiated sale or buyout avoids costly litigation.
• If minors are involved, expect the court to require a guardian ad litem or formal protection for the minor’s share.
• Consider using UTMA custodial accounts for relatively modest proceeds. For larger sums, a formal guardianship gives greater supervision and investment options.
• Ask for court approval before spending or distributing a minor’s share. Unauthorized payments can be reversed and create liability.
• Get professional valuations (appraisal) before requesting sale—courts rely on credible appraisals when ordering sale and division.
• Hire an attorney experienced in Florida partition and probate/guardianship matters. They will help coordinate filings and protect minor heirs’ rights.