How Courts Handle Partition or Court-Ordered Sale When Some Heirs Are Minors

Disclaimer: This article explains general Montana procedures and is educational only. It is not legal advice. For advice about your specific situation, consult a Montana attorney.

Detailed answer — what happens and how to proceed

If multiple people inherit a piece of real property and the owners cannot agree, a co-owner can ask the Montana district court to divide the property (a partition action) or to order sale and divide the proceeds. When one or more heirs are minors, the court takes extra steps to protect the minor(s)’s interests. Below is a straightforward roadmap for what typically happens in Montana and what you will need to do.

1. Which court hears the case

Partition and related real-property disputes are filed in Montana district court in the county where the land is located. If the property passed through probate or a personal representative is involved, the probate division of the district court may also be involved.

2. Who must be named as parties

The complaint must name all co-owners and all persons with a potential legal interest in the property (heirs, devisees, lienholders). If some heirs are minors, the complaint must identify them and the adults who legally represent them (parents or guardians). The court must be able to protect minors’ interests even if their parent is a party.

3. Representation or protection for minor heirs

Montana courts will not leave a minor’s property interest unprotected. The most common protections are:

Appointment of a guardian ad litem (GAL) or attorney for the minor: The court may appoint an independent lawyer or GAL to represent the minor’s best interests in the partition case.
Appointment of a guardian or conservator: If the minor does not already have a guardian of the estate, the court may require a guardianship or appointment of a conservator to manage the minor’s proceeds from any sale. Cases where the minor will receive proceeds commonly require court-supervised handling or a blocked account until the minor reaches majority.

4. Types of relief the plaintiff asks for

The typical requests are:

Partition in kind (physically divide the property) where the land can be fairly divided without prejudice.
Partition by sale (court orders the property sold and divides the proceeds among owners) when physical division is impractical or inequitable.

5. Notice and hearing requirements

Montana law requires that all interested parties receive proper notice of the lawsuit and of any hearing on sale or distribution. When minors are parties, the court ensures the minor’s representative (parent, guardian, GAL, or conservator) receives notice and an opportunity to be heard. The court will set hearings to consider whether a sale is in the minor’s best interest and what protections (bond, blocked account, conservatorship) should apply to any proceeds.

6. Court approval, sale, and disposition of proceeds

If the court orders sale, proceeds are divided according to ownership shares after payment of liens, costs, and statutory fees. When minors are entitled to part of the proceeds, Montana courts often require one or more of the following safeguards:

Funds paid into the court registry or a blocked bank account until the minor turns 18 or until a guardian or conservator is appointed.
Appointment of a conservator or guardian of the estate for the minor, who must provide an inventory, bond, and regular accounting to the court.
Court approval of any settlement or sale price to ensure it is fair and benefits the minor.

7. Timing and cost considerations

Partition actions can take months to over a year, depending on complexity, whether the minor’s interests require separate guardianship proceedings, and whether the parties settle. Costs include filing fees, service costs, survey and appraisal fees, attorney fees, and court-ordered fees or bonds. If you are representing minor interests, expect additional time for guardianship or conservatorship proceedings and court accounting requirements.

8. Practical alternatives to a partition lawsuit

Because court actions are slow and costly, parties often explore alternatives first:

One heir buys out the minor’s share — requires court approval or guardian/guardian ad litem sign-off to ensure fairness to the minor.
Voluntary sale and distribution with the minor’s guardian consenting and the court later approving the transaction.
Mediation to settle division or sale terms before filing suit.

9. How to start (practical steps)

Gather documents: deed, title documents, probate papers (if any), death certificate, tax records, mortgage or lien documents, and any prior agreements among heirs.
Talk to the co-owners: ask whether anyone will buy out the minor’s share or agree to a private sale.
If litigation is likely, consult a Montana real property or probate lawyer who handles partition actions and minors’ interests.
File a complaint for partition in the district court where the land sits, naming minors and their adult representatives. Expect the court to require appointment of a guardian ad litem or conservator for the minor’s financial interests.
Be prepared to provide appraisals and to attend court hearings about sale, distribution, and protection of minor proceeds.

Key Montana resources

Montana Code Annotated — official code search and table of contents: https://leg.mt.gov/bills/mca/. Use the site to look up statutes on probate, guardianship, and civil procedure that apply to partition and minors.
Montana Judicial Branch — court forms and general guidance, including probate and guardianship forms: https://courts.mt.gov/forms.

Helpful hints

Start by checking whether the property is titled solely to the decedent or in joint tenancy; title matters for who must be named in the action.
If minors are involved, do not accept or disburse minor’s share without court approval or a court-supervised guardian; doing so can create liability.
Get an appraisal early to support a fair buyout or sale price and to help the court evaluate any proposed sale.
Ask the court about blocked accounts and investment options for minor proceeds — courts usually want safe, documented custody of funds the minor will not immediately use.
Guardianship or conservatorship filings may be necessary even if the minor has a parent. Expect the court to require an inventory, bond, and periodic accounting for the minor’s share.
Document every agreement in writing and file any required court motions when minors’ interests are impacted.
Consider mediation with a neutral mediator experienced in property and probate disputes; it can cut cost and time significantly.
Work with an attorney who understands both real property partition practice and Montana probate/guardianship procedure — the overlap is common when heirs are minors.

If you want next steps tailored to your situation, gather the title documents and probate paperwork and consult a Montana attorney to review the facts and explain your options.