The Short Answer

In Florida, a minor child generally cannot legally consent to sell or transfer their inherited interest in real property. If a minor heir owns an interest, the transaction typically requires a court-supervised solution—most commonly a guardianship of the minor’s property with court approval of the sale—so the minor’s rights are protected and the title can be transferred cleanly.

What Florida Law Says

When a minor has an ownership interest in real estate (including an inherited interest), Florida courts treat that interest as property that must be protected. That usually means an adult cannot simply “sign for the child” to sell the child’s share. Instead, a court-appointed fiduciary (a guardian of the minor’s property) typically must seek judicial authorization before selling the minor’s real estate interest, and the court must find the sale is financially beneficial to the minor’s estate.

The Statute

The primary law governing this issue is Fla. Stat. § 744.631.

This statute establishes that when a guardian of a minor’s estate controls or manages the minor’s real estate and a sale is necessary or expedient, the guardian must petition the circuit court for authority to sell, and the judge may authorize the sale only if it appears reasonable, just, and financially beneficial to the minor’s estate.

Depending on the family situation, the court may also need to appoint a guardian for the minor in the first place. Florida law allows the court to appoint a guardian for a minor upon petition by a parent or other interested person. See Fla. Stat. § 744.3021.

If the issue is not just “consent,” but disagreement among co-owners (for example, some heirs want to sell and others do not), a court-ordered sale can also arise in a partition-type case. Florida has specific procedures for court-ordered sales of certain “heirs property.” See, e.g., Fla. Stat. § 64.210.

For additional background, you may also find these helpful: selling a house from an estate before probate is finalized and holding a minor heir’s sale proceeds (UTMA questions).

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines and Notice Requirements: A guardianship sale can require specific notices and court findings before the judge authorizes a transfer, and mistakes can delay closing or create title problems. (For example, Florida law requires notice by publication before a court may grant authority to sell under certain circumstances.) See Fla. Stat. § 744.631(2).
• Burden of Proof (Best Interest / Financial Benefit): The court must be persuaded the deal is financially beneficial to the minor’s estate—not merely convenient for adult heirs or the personal representative. See Fla. Stat. § 744.631(1).
• Exceptions and Overlapping Court Proceedings: Your options can change depending on whether the property is still in probate, already distributed to heirs, co-owned with other family members, subject to a mortgage, or subject to a dispute that triggers a partition/heirs-property process. See Fla. Stat. § 64.210.

Trying to handle this alone can lead to a failed closing, a cloud on title, or a court challenge later—especially if the minor’s interest was not properly protected and approved by the court.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.