How to File a Partition Action or Petition for Sale of Inherited Real Estate in Kansas When Heirs Are Minors | Kansas Partition Actions

Detailed Answer

This section explains, in plain language, how a co-owner can start a partition action or a petition for sale of inherited real estate in Kansas when one or more heirs are minors. This is educational information only and not legal advice. For formal legal guidance, consult a licensed Kansas attorney.

Which law applies?

Partition actions in Kansas are governed by the statutes that set out civil procedures for dividing or selling co-owned land. See Kansas statutory law on partition (Chapter 60). For matters involving minors’ property (guardianship or conservatorship), see the Kansas probate and guardianship statutes (Chapter 59). Useful statutory references:

Basic options: partition in kind vs. partition by sale

There are two main outcomes a Kansas district court can order when co-owners (including heirs) disagree about property use:

Partition in kind — the court divides the land so each owner receives a separate physical portion. This works best when the parcel can be divided fairly without destroying its value or usefulness.
Partition by sale — the court orders the property sold and divides the net proceeds among the owners according to their ownership shares. The court often orders sale when dividing the land physically would be impractical or unfair.

Who must be named in the petition?

The petitioner must identify and notify every person with a known legal interest in the property. For inherited property, that generally includes all heirs who hold title or who can claim an ownership interest. If any heir is a minor, the petition must indicate the minor’s status and request that the court protect the minor’s interest.

How to start a partition action in Kansas — step by step

Confirm ownership and heirs. Obtain a copy of the deed, any decedent’s probate files (if opened), and a current title search. Identify all heirs and any lienholders.
Choose the correct court and county. File the partition petition in the Kansas district court in the county where the property is located.
Prepare the petition. The petition should state the petitioner’s interest, list all co-owners (including minors), give a legal description of the property, and request partition in kind or sale. Ask the court to appoint commissioners (if dividing), or to order sale and appointment of a sale commissioner or sheriff to conduct the sale.
Address minors in the petition. Identify each minor heir by name and birthdate and state whether a parent, guardian, or conservator already exists. Request appropriate court appointments to protect the minor’s interest (see next section).
File the petition and pay fees. Submit the petition to the district court clerk and pay any filing fees or request a fee waiver if eligible.
Serve all parties. Serve the petition and summons on all adult owners, known lienholders, and on any guardian of a minor. Service on minors normally requires special handling described below.
Ask for temporary orders if needed. If there is a risk of waste, removal of property, or damage, request temporary injunctive relief (for example, to prevent sale or removal of fixtures until the court decides).

Special procedures when heirs are minors

Kansas courts require that a minor’s legal interests be protected during litigation. Typical safeguards include:

Appointment of a guardian ad litem (GAL) — the court can appoint a GAL to represent the minor’s best interests in the partition action. The GAL is an independent advocate for the minor before the court.
Appointment of a guardian of the estate or conservator — if the minor will receive sale proceeds or needs someone to manage the minor’s share, the court may direct appointment of a guardian for the minor’s property under the probate/guardianship statutes so funds can be properly invested or held until the minor reaches majority.
Court approval required for distributions or settlements affecting minors — the court typically must approve any sale proceeds paid to a minor or any settlement that affects the minor’s share. The court may require funds be deposited with the court, placed in a blocked account, or managed by a court-appointed guardian.
Bond and oversight — a guardian of the estate may be required to post bond and to file periodic accountings with the court per Kansas guardianship rules.

Refer to Kansas probate and guardianship law for details: K.S.A. Chapter 59.

What the court will consider

The court focuses on fairness and practicality. It will consider:

Whether a physical division is practical without destroying value.
Each co-owner’s relative ownership interest and contribution to taxes, insurance, and improvements.
Whether selling is in the best interests of minor heirs (and how their money will be protected).
Any liens or mortgage obligations that must be paid from sale proceeds.

Handling sale proceeds for minors

If the court orders sale and a minor is entitled to part of the proceeds, the court will protect the minor’s funds. Typical options include:

Directing the clerk to hold the minor’s share in a blocked account until majority or until a guardian of the estate is appointed.
Requiring appointment of a guardian of the estate to receive and manage the funds on behalf of the minor, often with required bond and accountings.
Approving a structured settlement or other protective arrangement if appropriate.

When probate has not been opened

If the decedent’s estate was not administered and the property still lists the decedent as owner, you may need to open a probate matter or otherwise clear title before or during a partition action. In some cases, partition can proceed if the court determines the heirs’ interests are properly asserted, but resolving the underlying estate often simplifies title transfer and sale.

Timing and costs

Partition litigation can take months or longer depending on whether parties agree, whether the property must be appraised or divided physically, and whether appeals or objections arise. Costs include court filing fees, service fees, appraisal costs, commissioner fees, attorney fees, and guardian or conservator fees (if appointed). When minors are involved, additional hearings and bond/accounting requirements can add time and expense.

Practical alternatives to litigation

Before filing suit, consider less adversarial options that protect minors while reducing cost and delay:

Agreement among heirs for buyout (one heir buys out others, with court-approved handling of minor’s proceeds).
Mediation to reach a mutually acceptable division or sale plan.
Voluntary sale listing and distribution plan with escrow instructions that protect minors’ shares pending court approval or guardianship setup.

When to get a lawyer

Hire a Kansas lawyer when the case involves:

Minor heirs and the need for guardianship or court protection of proceeds.
Complicated title, liens, or mortgage issues.
Family disagreement that may lead to contested litigation.

A lawyer can prepare the petition, ask the court to appoint a guardian ad litem, represent the minor’s property interests, and help structure the distribution to comply with Kansas statutory and court protections.

Important links

Disclaimer: This article explains general Kansas legal concepts and procedures and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Kansas attorney.

Helpful Hints

Start by pulling the deed and an up-to-date title report to identify all owners and liens.
If the decedent’s estate was not probated, check whether opening probate first will simplify the partition.
When minors are involved, ask the court to appoint a guardian ad litem immediately to protect the minor’s interests.
Expect the court to require safe handling of minor’s proceeds—plan for guardianship or blocked accounts.
Collect proof of expenses paid on the property (taxes, insurance, improvements) to support any claims for contribution or offset.
Get an independent appraisal early to aid negotiation or to support a court-ordered sale value.
Try mediation or a negotiated buyout before filing — it often saves time, money, and emotional strain for families with minor heirs.
Ask the court about bond requirements for any guardian of the estate; bonding protects the minor but can be costly.
Keep detailed records and receipts if you manage property (repairs, rent, taxes) — the court may credit contributions when dividing proceeds.
Consult a Kansas probate or real estate litigation attorney when the minor’s share is substantial or when family relationships are contentious.