How to Get Court Approval to Sell an Inherited Home When Co-Owners Include Minors

Disclaimer: This is educational information only and not legal advice. Laws change and every case has unique facts. Consult a qualified Georgia attorney or your probate court to protect minors’ interests.

Detailed Answer — Step‑by‑step under Georgia law

When a home is inherited by co‑owners and one or more of those co‑owners are minors, Georgia probate rules generally require court involvement to protect the minor’s share. The exact steps depend on how title passed (will, intestacy, joint tenancy, or transfer-on-death deed), but the typical path when the decedent’s interest must pass through probate is:

Determine how title passed.

If the property passed outside probate (for example, to a surviving joint tenant or by a properly executed transfer‑on‑death deed), you may not need probate court approval. If the decedent’s share must be administered in probate (intestate heirs, devise under a will, or the property is part of the estate), proceed through probate.
Open a probate estate (if not already opened).

File for administration in the probate court of the county where the decedent lived. The probate court will appoint a personal representative (executor or administrator). That representative handles selling estate assets, subject to court rules and orders.
Identify the minors and their legal representatives.

The probate court must protect a minor’s property interest. If a minor already has a court‑appointed guardian of the estate, that guardian will be involved. If not, the court may require appointment of a guardian of the minor’s estate or a guardian ad litem to represent the minor’s interests in the sale proceeding.
File a petition asking the court to authorize the sale of the real property.

The personal representative (or an heir who asks the court) files a written petition with the probate court asking for authority to sell the real property. The petition should describe the property, explain why sale is in the estate’s or minors’ best interest (for example, to pay debts, distribute proceeds fairly, or because co‑owners can’t agree), and request related relief such as approval of sale terms, appointment of a guardian ad litem for the minor, or authority to deposit proceeds into a protected account.
Provide notice to interested parties and probably to the minors’ guardians.

Georgia probate procedures require notice to heirs, devisees, creditors, and others with an interest in the estate. The court will set deadlines for objections. If minors are involved, the court ensures they are represented and receives required notice.
Appoint a guardian ad litem or guardian of the estate for the minor when needed.

To protect the minor’s share, the court commonly appoints a guardian ad litem (to represent the minor in the proceeding) or a permanent guardian of the estate (to manage the minor’s funds). The guardian advises the court whether the proposed sale is fair and in the minor’s best interest.
Obtain supporting valuations and sale terms.

Courts will expect current appraisals or broker opinions of value, a proposed contract for sale, and evidence that the price and terms are reasonable. Provide an itemized estimate of closing costs, liens, taxes, and how proceeds will be allocated among co‑owners (including minors).
Attend the court hearing and obtain an order authorizing sale.

If the court finds the sale is fair and adequately protects the minors’ interest, it will sign an order authorizing the sale. The order may: require sale by public auction or private sale, require competitive bidding, approve a specific contract, direct proceeds to be held in a blocked or restricted account for the minor, or require additional safeguards (bonding, higher appraisal, etc.).
Close the sale and follow the court’s directions for proceeds.

After closing, the personal representative pays debts and taxes, then distributes proceeds in accordance with the will, intestacy rules, and the court’s order. If proceeds belong to a minor, the court often directs that funds be deposited into a blocked account, invested by the guardian, or otherwise preserved until the minor reaches majority or until the court orders distribution.
Obtain final accounting and court approval for distributions to minors.

The personal representative may need to submit a final accounting and ask the court to confirm the distributions. The court will review and sign off before closing the estate.

Key Georgia legal sources

Georgia’s probate and estate rules are primarily found in the Official Code of Georgia, Title 53 (Decedents’ Estates), and related probate court procedures. For statutes and probate resources, consult the Georgia General Assembly and Georgia Courts websites:

Because procedures vary by county and by facts (whether the property passed by will, by survivorship, or through probate), the court clerk or a local probate judge can confirm local filing requirements.

Common complications and remedies

Disagreement among co‑owners: Court can order sale and divide proceeds. Mediation sometimes helps avoid litigation.
Minor’s unique needs: Court may require special investments, higher bond, or restrictions on spending proceeds.
Liens, mortgages, taxes: Liens must be satisfied at closing; unresolved issues delay or block sale.
No willing buyer at fair price: Court may authorize sale at public auction or set a minimum acceptable bid.

Helpful Hints

Start by confirming how the property passed. If it passed outside probate, court approval may not be necessary.
Open the probate case promptly if the decedent’s share is in the estate; delays complicate sales and affect creditors’ claims.
Get at least one professional appraisal or a broker price opinion to show the court the sale price is fair.
Plan for a guardian ad litem or a guardian of the minor’s estate. Courts often require one to protect the minor’s interests.
Expect to deposit a minor’s proceeds into a blocked account, buy government securities, or otherwise restrict access until the court orders release.
Keep clear records of notices, appraisals, bids, and accountings. The probate court will review documentation before approving the sale and distributions.
Contact the probate clerk in the county where the decedent lived to learn local forms, fees, and timelines.
Because a minor’s rights are at stake, consider consulting a Georgia attorney experienced in probate and guardianship before filing petitions or signing sales contracts.

If you want, provide brief facts about your situation (how title passed, the minors’ ages, whether a probate case exists) and I can outline the likely filings and documents you would need in Georgia courts.