Selling an Inherited Home Co-Owned with a Minor: Court Approval Steps in Kansas

Disclaimer: This article explains common Kansas procedures and is for educational purposes only. It is not legal advice. Consult a licensed Kansas attorney about your specific situation.

Short answer — What usually must happen

When an inherited home is co-owned and one or more owners are minors, selling the house usually requires involvement of the probate or district court. The court must make sure the minor’s share is protected before approving a sale. Typical steps include confirming who has legal authority to act for each co-owner (personal representative, guardian, conservator), obtaining court permission to sell the real estate, giving required notice, and getting a court hearing and order confirming the sale or directing how proceeds will be held for minors.

Detailed answer — Step‑by‑step under Kansas law

1. Identify legal status of the property and parties

First, identify how title is held (owned jointly with right of survivorship, tenancy in common, or held by the deceased’s estate). If the decedent left a will, the executor (personal representative) may be authorized to sell estate property. If no estate was opened and title passed directly to co-owners, the minor cannot legally manage or convey their interest without a guardian or court action.

2. Open a probate estate or guardianship if needed

If the home is part of the decedent’s estate, someone (usually the nominated executor) must open probate in the appropriate Kansas court so a personal representative can manage and, if necessary, sell estate real property. If the minor acquired an ownership interest directly (not through an estate representative), a guardian of the minor’s person or estate (often called guardian of the estate) will likely be required to manage the minor’s property interest. Guardianship and conservatorship matters in Kansas are governed by the Kansas probate statutes (Chapter 59). See the Kansas statutes for probate and guardianship: K.S.A. Chapter 59 (Probate, Guardianship, Conservatorship).

3. Appoint a guardian or conservator for the minor’s property (if required)

If the minor’s ownership interest is not already under a guardian or personal representative, a court petition is typically required to appoint a guardian/conservator of the minor’s estate. The guardian has fiduciary duties and must protect the minor’s financial interests. The court may require notice, an investigation, and possibly a guardian ad litem or attorney to represent the minor’s interests at hearings.

4. Petition the court for authority to sell the real estate

The party who has custody of the property (personal representative, guardian of the estate, or co-owner with authority) must file a petition asking the court for authority to sell the property. The petition will explain why sale is necessary or in the best interest of the estate/minor and include proposed terms (sale price, method of sale, commission, escrow instructions).

5. Provide notice to interested parties

Kansas courts require notice to all interested parties — heirs, devisees, creditors, and the minor (through counsel or guardian ad litem). The court will set a hearing date and require proof that all required parties received notice so they have an opportunity to object.

6. Obtain an appraisal or valuation

Courts often require an independent appraisal or comparable market valuation to ensure the minor’s share will not be unfairly reduced by a below-market sale. Expect the court to review valuation evidence at the hearing.

7. Court hearing — judge reviews and decides

At the hearing the judge will consider whether the sale is fair and in the minor’s best interest. The court may approve the sale, reject it, or approve conditioned on modifications (higher price, different buyer, or different distribution of proceeds). If the sale is by the personal representative in probate, the judge commonly signs an order authorizing sale or confirming an agreed sale.

8. How proceeds for the minor are handled

The court will order how to protect the minor’s share. Options include:

Requiring the funds be deposited into a blocked (minor’s) account at a bank until the child reaches majority;
Placing funds under the guardian/conservator with court supervision and bonding;
Directing investment or managed trust for the minor’s benefit;
Ordering distribution if the court finds direct distribution is in the minor’s best interest (rare).

9. Completing the sale and recording documents

Once the court issues an order authorizing or confirming the sale, the parties complete the closing. The sale deed is recorded, and the court’s order and proof of deposit or distribution of proceeds become part of the record. The guardian/personal representative remains accountable to the court for handling and reporting all transactions.

10. Alternative: Partition action or buyout

If co-owners cannot agree to sell, any co-owner can file a partition action in Kansas district court to force sale or physical division of the property. A partition sale will also require the court to protect minor co-owners’ shares. In many cases, an adult co-owner may be able to buy out the minor’s interest with court approval of the buyout terms.

Common documents and filings you will likely need

Petition for appointment of personal representative or for guardianship/conservatorship of the minor’s estate
Petition for authority to sell real estate (or notice of proposed sale if in probate)
Appraisal or broker price opinion
Proposed order authorizing sale and directing distribution of proceeds
Proof of notice to heirs, devisees, and interested parties
Records showing title, death certificate, and any will

Helpful hints

Start by locating the deed, death certificate, and any will. These documents determine who has authority to act.
If the home is in the estate, opening probate promptly simplifies sale by giving the personal representative clear authority (subject to court approval when minors are involved).
Expect timelines: guardianship and probate proceedings can take weeks to months; court hearings are scheduled based on docket availability.
Get a professional appraisal early. Courts dislike sales without a clear market valuation when minors are involved.
Budget for court costs, filing fees, and guardian/attorney fees. The court may require a bond for a guardian or conservator, which increases cost.
If all co-owners (including the minor’s guardian) agree, the process is generally faster, but the court still must protect the minor’s interest.
Consider mediation if co-owners disagree. Many disputes over inherited real estate settle faster and cheaper out of court.
Ask the court about depositing minor’s proceeds into a blocked account or into a guardianship account with supervised withdrawals for the child’s welfare.
Hire a Kansas probate or estate attorney experienced with guardianship and real estate sales. They can prepare petitions, arrange appraisals, and present the case at hearing.

Where to look in Kansas law

Kansas handles these matters under the probate and guardianship statutes. For background on guardianship and probate requirements, review K.S.A. Chapter 59 (Probate, Guardianship, and Conservatorship). The chapter covers appointment of guardians and conservators, duties, court supervision, and related procedures: K.S.A. Chapter 59.

When to call an attorney

Contact an attorney if: the property is valuable and the minor’s share is substantial; co-owners disagree about sale; you need to appoint a guardian of the estate; you want to expedite sale with court approval; or you are unsure which court filings are required. An attorney can draft petitions, represent the minor’s interests (or the guardian’s), advise on bond and account requirements, and attend the confirmation hearing.

Following the court’s orders and keeping clear records is essential to avoid later challenges. Getting proper court approval protects buyers, sellers, and especially the minor co-owner.