Detailed Answer — Selling an Inherited Home with Minor Co-Owners in Montana

Overview: When a house is inherited by multiple co-owners and one or more heirs are minors, Montana law generally requires use of the probate process or a guardianship/committee procedure to protect the minor’s interest before title can be freely conveyed. The usual path is to open an estate (or a guardianship/committee for the minor’s share), ask the court for permission to sell the real property, and follow court-ordered safeguards for appraisal, notice, sale terms, and handling of proceeds. This article explains the common steps, documents, and timelines you will likely face in Montana.

Key Montana law resources

Montana Code Annotated — Probate and related matters are in Title 72 (see the Montana Legislature site for the probate provisions): https://leg.mt.gov/bills/mca_toc/ (look for Title 72).
Montana courts’ probate and guardianship guidance (forms and basic procedures): https://courts.mt.gov/selfhelp/probate.

Note: the precise statutory section to cite will depend on whether the decedent left a will and how the minor’s interest is classified. Use the Montana Code (Title 72) or consult a Montana probate attorney for section-level citations tied to your facts.

Common factual example (hypothetical)

Suppose a decedent left a house to three heirs: two adults (Alice and Bob) and one minor child (Charlie). The house needs to be sold to divide proceeds. Because Charlie is a minor, you cannot simply record a deed transferring his interest without court oversight or appointment of a guardian/committee empowered to act for Charlie’s property interests.

Step-by-step process to get court approval in Montana

Determine whether probate or another procedure is necessary. If the house passed through a properly funded living trust or through a title-transfer mechanism that bypasses probate (e.g., joint tenancy with right of survivorship, transfer-on-death deed if valid and used), court approval may not be required. If the property is part of the decedent’s probate estate or the minor’s inherited share is subject to the probate process, you usually must go through the court. See Montana probate materials at the Montana Legislature site and Montana courts’ self-help pages linked above.
Open probate or a guardianship/committee proceeding. If probate is required, file a petition to open the estate and to appoint a personal representative (executor or administrator). If the matter only concerns the minor’s separate property and no full probate is needed, a guardianship or a committee of the minor’s estate may be required to manage or sell the minor’s property. The court will issue letters of appointment that grant authority to act for the estate or for the minor’s property interests.
Ask the court for authority to sell the real property. File a formal petition/motion asking the probate court to authorize sale of the house. The petition should state why sale is in the heirs’ best interests, list all heirs and interested parties (adults and minors), and propose sale terms (sale method, listing price or appraisal, who will pay closing costs, etc.). The court will review the petition and set a hearing. In many cases the court requires evidence that sale is necessary or that selling is reasonably calculated to benefit the estate or the minor heir.
Provide required notice and service. Montana court rules require notice to interested parties and possibly publication. The personal representative or guardian must serve all heirs, beneficiaries, and creditors as required by statute and local court rules. For a minor, the guardian/committee is a listed interested party and must be served. Proper notice is essential; sale authority may be denied if notice standards are not met.
Obtain an appraisal and state sale terms to the court. Courts often require a recent real estate appraisal or comparable market analysis so the judge can decide whether the proposed sale terms are fair. You should provide the appraisal, proposed listing agreement (if using a broker), and a description of the sales process. In some cases the court will order a sale by private contract with confirmation, or a public sale/auction.
Bond, fiduciary duties, and accounting. The court may require the personal representative or guardian to post a bond to protect heirs. The fiduciary must account for the proceeds and follow any court directions about investing or depositing the minor’s portion. Montana law and local court practice govern trust accounts, blocked accounts, or other protections for minors’ funds.
Attend the hearing and get the court order approving sale. At the hearing the judge will review the petition, the appraisal, notice proof, and any objections. If the judge approves, the court will issue an order authorizing sale and will typically specify how sale proceeds are to be handled (pay debts, closing costs, and distribute net proceeds or hold the minor’s share in a restricted account or guardianship/committee estate). Save a certified copy of the order for the title company and county recorder.
Complete the sale and record conveyance. With the court order, the fiduciary can sign a deed or execute sale documents to transfer title. The buyer’s title company will usually ask to review the probate order and a certified copy of fiduciary letters before closing. After closing, record the deed at the county clerk and recorder.
Distribute or protect the minor’s share per court order. The court will specify whether the minor’s proceeds are to be held by the guardian/committee, placed in a blocked account, or managed under a court-approved plan until the minor reaches majority or another court-permitted distribution event occurs.

Typical documents you will prepare and file

Petition to open estate (if not already opened) and petition to appoint personal representative.
Petition/motion to sell real property (with proposed order).
Proof of notice/service affidavits for all interested parties.
Appraisal or market analysis and listing agreement (if applicable).
Bond or surety documents for the fiduciary (if required).
Court order authorizing sale and directing distribution of proceeds.

Timing and costs

Plan for several weeks to a few months: time to open probate or guardianship, obtain an appraisal, provide notice, and schedule the court hearing. Costs include filing fees, appraisal fees, attorney fees (if you hire counsel), realtor commissions, closing costs, and any court-ordered bond. If disputes or objections arise, the process can take longer and be more costly.

When court approval may not be needed

Property passed outside probate (e.g., valid joint tenancy with rights of survivorship or a properly executed transfer-on-death deed).
The guardian of the minor already has statutory or court-granted authority to sell the minor’s property without separate sale approval (this is less common; check the court order or Montana statutes).

What judges consider when deciding whether to approve a sale

Whether sale is necessary or advantageous (e.g., to pay debts, divide proceeds equitably, or prevent loss of property value).
Whether sale price and terms are fair based on appraisal.
Whether interested parties (including minors’ guardians) received proper notice and have an opportunity to object.
How the minor’s share will be protected after sale (bonding, blocked account, reinvestment under court supervision).

Practical tips and timelines for a typical case (example)

Example timeline: Opening probate (2–6 weeks) → Appraisal and listing decision (2–4 weeks) → Service of notice and waiting period (varies by local rule) → Court hearing and order (hearing date depends on court calendar; often 3–8 weeks from filing) → Market sale and closing (30–90+ days). Expect 2–6 months in routine cases; contested matters take longer.

Helpful Hints

Start by checking how title passed. If a transfer-on-death or joint tenancy exists, you may avoid probate.
Gather the decedent’s will, death certificate, title documents, and any beneficiary or trust paperwork before filing.
Get a professional appraisal early so the court can evaluate fairness of the sale price.
Give clear, timely notice to all heirs and potential creditors. Missing a notice can delay or invalidate a sale.
Expect the court to require extra safeguards for a minor’s proceeds (bond, blocked account, or court-supervised investment).
Document all communications with co-owners and keep receipts and closing statements for the court record.
Consider hiring a Montana probate attorney when minors, contested heirship, or complex assets are involved; attorneys can prepare petitions and help avoid procedural mistakes that delay a sale.
If you are acting as a guardian or personal representative, be prepared to file inventories, accountings, and status reports as required by the court.

How to get help

If you need help interpreting Montana probate rules or preparing petitions and notices, consider contacting a local probate attorney or your county court’s self-help or clerk’s office for procedural guidance. Use the Montana Legislature site to locate exact statutory text (Title 72) and the Montana courts site for local forms and filing steps: https://leg.mt.gov/bills/mca_toc/ and https://courts.mt.gov/selfhelp/probate.