Answer: How to proceed when some heirs are minors

Short answer: In New York you can start a partition action in the Supreme Court (Real Property Actions and Proceedings Law) to divide or sell co-owned inherited real estate even when some heirs are minors. When minors have an ownership interest the court will require a guardian or guardian ad litem to protect the children’s interests and will closely supervise any sale or distribution of proceeds. If the property interest is coming from a probate or administration, Surrogate’s Court may also have authority to approve a sale or distribution for the minor’s benefit.

Detailed answer — step-by-step under New York law

1. Which court and which law controls

Partition actions are governed by New York’s Real Property Actions and Proceedings Law (RPAPL), Article 9. You normally bring a partition action in the Supreme Court in the county where the property is located. See RPAPL (Article 9) for the statutory scheme: Real Property Actions and Proceedings Law (RPAPL).

2. Who can start a partition action

Any co-owner of real property may commence a partition action to divide the property or force its sale. If an heir is a minor, the adult co-owner can still start the action. The court must make special arrangements to protect the minor’s legal rights during the litigation and before any sale.

3. Notice and representation for minors

When a person under a disability (including a minor) has an interest in the property at issue, the court will require a representative for that person. The court commonly appoints a guardian ad litem or requires a guardian or guardian of the property to be appointed or designated to look after the minor’s interests in the action. Expect the court to require documented proof of the minor’s identity and relationship (birth certificate) and proof of the adult guardian’s authority.

4. Typical documents and early steps

Prepare and file a verified complaint for partition, listing all co-owners, their ownership shares (if known), and the property description.
Attach the decedent’s death certificate and any documents showing how the property passed to the heirs (will, letters testamentary, intestacy facts, or deed).
Provide birth certificates for minors and identify their legal guardians. If no guardian is appointed, the court will appoint a guardian ad litem or require the Surrogate’s Court to appoint a guardian for the minor’s property interest.
Serve all named parties and file proof of service with the court.

5. Court protection of minor’s share and sale procedures

The court’s goals are to protect the minor’s share and to make sure any sale or division is fair. Common protections include:

Appointment of a guardian ad litem who files reports and appears for the minor.
Requirement that sale proceeds attributable to a minor be held in a supervised account, invested, or paid to a fiduciary until the minor reaches majority or another court-approved arrangement is made.
Court review and approval of sale terms, whether a judicial sale or a negotiated sale to a co-owner.
Possible appointment of commissioners to value the property and oversee a public sale if a partition in kind is impractical.

6. Interaction with Surrogate’s Court and probate

If the heirs’ interests were created or are being distributed through a decedent’s probate (Surrogate’s Court), the Surrogate’s Court may need to be involved — especially for approval of transactions affecting minors’ distributive shares. Surrogate’s Court can authorize sales or compromises that affect a minor’s share and may require that the minor’s portion be deposited into a blocked account, guardianship account, or trust. For procedural matters in Surrogate’s Court see the Surrogate’s Court rules and statutes: Surrogate’s Court Procedure Act (SCPA).

7. Common outcomes and timelines

The court may:

Order a division in kind if the property can be fairly divided (rare for a single-family home).
Order a sale and divide proceeds according to ownership shares, with minors’ shares protected by court-ordered measures.
Approve a buyout where one co-owner buys out the others at an appraised value, with the court protecting the fairness of the transaction for minors.

Timing varies: a simple partition could take several months; contested matters or those involving appointment of guardians can take longer. Expect the court to require appraisals, accountings, and court hearings before final distribution.

8. Practical considerations and best practices

Talk to all co-owners early. If everyone agrees, a consensual sale or buyout with court approval is faster and cheaper than a contested partition.
Gather legal documents early: deed, death certificate, will, probate letters, birth certificates for minors, and identification for guardians.
Consider temporary arrangements for property expenses (mortgage, insurance, taxes) and who will pay until the case is resolved.
Be prepared for the court to require separate counsel or a guardian ad litem for the minors. The court may appoint independent counsel if interests conflict.

When to call an attorney

Hire a New York real estate litigator or estate attorney if:

There is disagreement among heirs about sale vs. partition in kind.
Minors’ interests are significant and require court protection or a Surrogate’s Court petition.
There are title problems, liens, mortgages, or unknown co-owners.
You need help documenting heirs, preparing pleadings, or obtaining court approval for a sale or distribution.

Key statutory and court resources

New York Real Property Actions and Proceedings Law (RPAPL), Article 9 (Partition): https://www.nysenate.gov/legislation/laws/RPA
Surrogate’s Court Procedure Act (for probate and minors’ distributive shares): https://www.nysenate.gov/legislation/laws/SCPA
Practical court-help information from the New York State Unified Court System (general guidance): https://www.nycourts.gov/

What the court will likely require regarding minors

Appointment of a guardian ad litem to represent the minor’s legal interests in the partition action.
Proof of the minor’s identity and relation to the decedent (birth certificate, heirship proof).
Accounting and secure handling of any proceeds that belong to the minor, often deposited in a blocked account or turned over to a guardian/fiduciary under court supervision until the minor reaches majority or as otherwise ordered.
Court approval for any settlement, sale, or transaction that affects the minor’s share.

Helpful Hints

Start by collecting title documents, the decedent’s death certificate, and birth certificates for minors — the court will want them early.
If all heirs agree, prepare a written settlement or buyout agreement and submit it to the court for approval to speed the process and limit legal fees.
Expect the court to appoint a guardian ad litem or require Surrogate’s Court involvement for any action that affects a minor’s distributive share.
Keep records of mortgage, tax, and insurance payments during the case; the court will allocate these costs among owners).
Get a written appraisal early if you are proposing a sale or buyout; the court reviews valuations closely when minors are involved.
Be patient — protecting minors’ property rights adds procedural steps but prevents later challenges.

Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. Laws and procedures change. For advice about your specific situation and for help filing documents in New York courts, consult a licensed New York attorney experienced in partition and probate matters.