Detailed Answer — What to know and the steps to take

If you and other heirs own real estate in Hawaii and some heirs are minors, you can still seek a partition (division) of the property or a court‑ordered sale of the property. Minors lack legal capacity to act on their own behalf, so the court will require special protections for their shares. Below is a clear, practical roadmap explaining the common legal options, the typical court requirements in Hawaii, and the procedural steps you will likely face.

1) Decide whether to try voluntary settlement first

Courts favor parties reaching an agreement. Before filing a lawsuit, talk with all owners and their guardians. If a sale is acceptable to all, the parties can often avoid a contested court action by executing a written agreement that provides how sale proceeds will be divided and how a minor’s money will be protected (for example, by placing the minor’s proceeds into a blocked account or by appointing a guardian of the estate). If minors are involved, any private settlement that disposes of a minor’s interest may still need court approval to be binding and enforceable.

2) If no agreement: choose the right filing route

There are two common court paths:

• Civil partition action (Circuit Court): A civil lawsuit asking the court to partition the land among co‑owners or, if physical division is impractical, order a sale and divide the proceeds. This is the normal pathway for co‑owned real estate.
• Probate or estate proceeding: If the property is still part of a decedent’s probate estate, you may petition the probate court for sale of estate property. The probate court’s sale is supervised to protect all heirs, including minors.

3) How minors’ interests are protected in either path

Because minors cannot represent themselves, Hawaii courts provide several protections:

• Guardians of the person or estate: If a minor already has a legally appointed guardian (for person or property), the guardian will appear for and protect the minor’s interest. If none exists, the court may appoint one.
• Guardian ad litem (GAL): The court can appoint a GAL to represent the minor’s legal interests during the partition or sale proceeding.
• Court approval for sale or settlement: Any sale that disposes of or compromises a minor’s ownership interest commonly requires explicit court approval to ensure the result is in the minor’s best interest. The court may require an appraisal, a lien release, and proof that the price is fair.
• Safeguarding proceeds: The court typically orders that a minor’s proceeds be held in a blocked or supervised account, paid to a guardian of the estate, or invested under court supervision until the minor reaches majority or as the court orders.

4) Practical procedural steps for a partition action in Hawaii

1. Identify all owners/heirs: Include their legal names, addresses, and whether any are minors. If any heirs are unknown, include a properly framed description to allow service.
2. Attempt demand for partition or sale: Some courts expect evidence you attempted an amicable resolution. Send a written demand or settlement offer, keeping records.
3. File the complaint for partition: File in the appropriate Hawaii court (usually Circuit Court for real property). The complaint should state ownership interests and request partition in kind or sale and distribution of proceeds.
4. Serve all parties: Minors must be served through their guardians or by the method the court requires. When a minor’s guardian is unknown, the court may permit service on the minor’s parent or by publication after court permission.
5. Motion to appoint guardian ad litem or guardian of estate (if needed): If the minor lacks representation, request appointment of a GAL or guardian of the estate so the minor’s interests are represented in court. The court decides which is appropriate.
6. Valuation and feasibility report: The court often orders appraisal(s) and will consider whether physical division is practicable; if not, it will order a sale.
7. Sale process: If the court orders sale, it may appoint a commissioner or allow sale by a licensed real estate broker under court supervision. The court approves sale terms and may require an overbid process at a sheriff’s auction or public sale, depending on local practice.
8. Distribution and protection of minor’s share: The court will direct distribution of net proceeds. For minors, the court commonly requires escrow into a blocked account, appointment of a guardian of the estate, or issuance of a structured payment plan under court supervision.

5) If the property is in probate

When real property is still administered by probate, the personal representative (executor or administrator) can petition the probate court for authority to sell estate property. The probate court evaluates whether the sale is in the estate’s best interest and protective of minor heirs. Probate practice frequently includes additional notice, appraisal, and court‑approval steps designed to protect minors.

6) Timing, costs, and likely requirements

Expect the process to take several months to over a year, depending on complexity, appraisal time, whether a guardian must be appointed, and court scheduling. Typical costs include court filing fees, service fees, appraisal(s), attorney’s fees (if you hire counsel), and costs of sale (broker commission, escrow). If the court must appoint a guardian or GAL, the minor’s share may be charged reasonable fees or bond costs.

7) Why you should consider counsel

Partition actions and sale petitions involving minors involve strict procedural rules and court protections. An attorney familiar with Hawaii civil and probate practice can file the correct pleadings, ensure minors receive court‑approved protection, and help structure the sale or distribution to reduce delays and risks.

For official Hawaii court procedural information and forms, see the Hawaii State Judiciary self‑help pages: https://www.courts.state.hi.us/. To review Hawaii statutes generally, use the Hawaii Revised Statutes index: https://www.capitol.hawaii.gov/hrscurrent/.

Helpful Hints

• Start by identifying all heirs and confirming whether any minor already has a court‑appointed guardian. That short step avoids delays.
• Try a written settlement first. Courts prefer settlements, and a signed agreement that protects the minor’s share may be faster and cheaper—but remember some settlements still need court approval when minors are involved.
• Get a professional appraisal early. A credible market value makes court approval easier and reduces disputes about fairness.
• Expect the court to require documentation showing how a minor’s proceeds will be protected (blocked account, guardian of the estate, etc.). Prepare proposals for the court before the hearing.
• If you are the guardian of a minor heir, keep careful records of all communications and proposed settlement terms. The court will scrutinize transactions affecting a minor.
• Ask the court about appointing a guardian ad litem if you suspect a conflict of interest between other heirs and the minor’s interests.
• Be prepared for additional steps if the property has liens, mortgage debt, or tax issues; these affect net proceeds and court approval of a sale.
• Consult a Hawaii attorney experienced in real property and probate law early, especially when minors are involved. This can reduce the risk of reversal or later challenges.