Overview — how Indiana treats inherited property when heirs include minors

When a property owner dies, ownership can pass to heirs in several ways (by will, by intestacy, by joint tenancy, or by trust). If two or more people own the property as tenants in common or otherwise as co-owners, any co-owner can ask a court to partition the property — meaning divide it physically (partition in kind) or order a sale and divide the proceeds (partition by sale). Indiana law also protects minors’ interests if a child inherits real estate or an ownership share. A court must ensure a minor’s share is properly represented and protected before approving sale or distribution.

Two separate court processes commonly handle these situations in Indiana:

• Probate proceedings: If the property is still part of a decedent’s estate, the personal representative may ask the probate court to sell estate real property.
• Civil partition action: If co-owners (heirs) own the property together after title has passed, any co-owner may file a partition action in the civil court where the land lies.

Basic legal references: the Indiana Code covers property law and probate (see Indiana Code Title 32 (Property) and Title 29 (Probate and Estates)). For the full texts, see the Indiana General Assembly site: https://iga.in.gov/legislative/laws/2024/ic/titles/32 and https://iga.in.gov/legislative/laws/2024/ic/titles/29.

Step-by-step: How the process commonly works in Indiana

Below is a practical step-by-step guide you can follow. Adjust details to your case and check local court rules.

1. Confirm who owns the property now

Get a copy of the deed and the decedent’s will (if there is one). If title passed to heirs (for example, by intestacy or under a will) and the heirs now hold the property as co-owners, a civil partition action is the normal route. If the property remains in the estate and the personal representative needs to sell it to pay debts or distribute proceeds, the probate court handles the sale.

2. If minors are involved, ensure representation or guardianship of the minor’s property

Indiana courts protect minors’ property interests. That protection can take two common forms:

• Appointment of a guardian of the minor’s estate (probate court): A guardian of the estate will manage the minor’s funds and can represent the minor in matters affecting the minor’s property.
• Appointment of a guardian ad litem or next friend in a civil partition action: If a minor is a party in a civil case, the court will appoint someone to represent the minor’s legal interests in that lawsuit.

If no guardian exists when you file a partition or sale petition, the court will typically appoint a guardian of the estate or a guardian ad litem to represent the minor’s interests before approving a sale or distribution.

3. If you need the court to sell the property, choose the right filing

– Partition action (civil court): File a Complaint for Partition in the county where the land sits. Name every co-owner as a defendant. If any co-owner is a minor, name the minor and either identify the guardian of the estate or ask the court to appoint a guardian ad litem. The court can order partition in kind or order a sale and division of proceeds if division in kind is impractical.

– Petition to sell in probate court: If the property is still estate property and a personal representative is appointed, the representative can petition the probate court for authority to sell. The probate court must protect minor heirs’ shares, usually by requiring an accounting, secure holding of funds, or appointment of a guardian to accept the funds for the minor.

4. Notice and service rules

Indiana requires proper notice to all parties including minors’ guardians. If a guardian is not yet appointed, the court will require notice and appoint someone to represent the minor’s interest before proceeding. Follow local rules for service; mistakes in service can delay or invalidate the sale.

5. How the court evaluates whether to order sale vs. partition in kind

The court looks at factors such as the property’s nature, whether physical division is practical, whether sale is fair to all owners, and whether a sale is necessary to produce an equitable division. When a minor is involved, the court focuses extra attention on whether the arrangement protects the minor’s financial interest (for example, requiring bond, a blocked account, or a guardian to manage sale proceeds).

6. Protecting the minor’s proceeds

If the court orders sale and distributes proceeds, it commonly requires one or more of the following for a minor’s share:

• Deposit of funds with the clerk of court until a guardian or custodian is appointed;
• Appointment of a guardian of the estate to receive funds on the minor’s behalf;
• Requirement that proceeds be placed in a blocked account or invested under court supervision;
• Bond or other security from the guardian handling the funds.

7. Typical documents you will need

• Death certificate
• Deed and title abstract or title insurance policy
• Will and letters testamentary or letters of administration (if probate)
• List of heirs and their contact information and ages
• Survey, property tax bills, mortgage statements, and expense records

8. Timeline and costs

Timelines vary. Simple probate-authorized sales can move faster; contested partition actions can take many months or longer. Court fees, publication and mailing costs, appraisal and survey costs, attorney fees, and guardian bond requirements can affect net proceeds. Courts will examine whether selling the home now, keeping it, or dividing it makes the most financial sense for the minor and other heirs.

Hypothetical example (illustrates the typical process)

Hypothetical facts: A decedent owned a house and died intestate. Three adult children and one 8‑year‑old grandchild inherit equal shares as tenants in common. The adults cannot agree whether to keep the home. One adult files a partition action in the county where the house is located.

Likely outcome and steps:

1. The plaintiff names all owners, including naming the minor and asking the court to appoint a guardian ad litem or guardian of the estate to represent the 8‑year‑old.
2. The court orders an appraisal and explores whether the house can be physically divided. If division is impractical, the court orders a sale and sets terms (public or private sale) to get fair value.
3. The court requires safeguards for the minor’s expected proceeds (for example, ordering the minor’s share to be held in a blocked account or paid to a guardian bonded by the court).
4. After sale, the court oversees distribution of net proceeds according to each heir’s share, after costs and any liens are paid.

Where to file and who handles the case

Partition actions usually file in the circuit or superior court in the county where the property sits. Probate petitions to sell estate property file in probate court (often the same trial court but in the probate docket). Check the local court’s self-help pages or clerk’s office for required forms and local filing instructions.

For reference to Indiana statutory frameworks that govern property and probate matters, see:

• Indiana Code, Title 32 — Property: https://iga.in.gov/legislative/laws/2024/ic/titles/32
• Indiana Code, Title 29 — Probate and Estates: https://iga.in.gov/legislative/laws/2024/ic/titles/29

Helpful Hints

• Start by confirming title and whether the property is in probate. That determines which court to use.
• If a minor will inherit, ask the court early to appoint a guardian of the estate or guardian ad litem — this avoids delay later.
• Gather documents (deed, death certificate, will, mortgage statements, insurance) before filing to save time and expense.
• Consider an appraisal before filing. A current market value helps the court decide whether to order sale versus partition in kind.
• Expect the court to require protective measures for a minor’s share (bond, blocked account, or guardian oversight).
• If the estate’s personal representative wants to sell, check the will and probate code for authority; sometimes court approval is required even if beneficiaries agree.
• Talk to a probate or real estate litigation attorney early. Small mistakes in service, notice, or pleadings can slow a case and increase costs.
• Local court clerks can explain filing locations and fees but cannot give legal advice. Use them for procedural questions only.