Detailed answer — step-by-step process

When an inherited house has co-owners and one or more heirs are minors, the sale usually requires extra court oversight to protect the minor(s)’ interests. The exact path depends on how the property is owned and whether a probate estate or guardianship already exists. Below are the common steps you can expect in North Dakota.

1. Identify ownership and whether probate is required.

   First determine how title passed: by a will through probate, by inheritance outside probate (for example via a living trust or beneficiary designation), or by right of survivorship/joint tenancy. If the home must pass through probate, the personal representative (executor/administrator) handles estate property and will typically seek court permission to sell real estate owned by the estate.

2. Open probate or confirm an existing guardianship/administration.

   If there is no estate administration open and probate is required, someone (usually a relative or an executor named in a will) must file a petition with the county probate court to open the estate and be appointed personal representative. If a minor already has a court-appointed guardian of the estate, the guardian’s powers and the need for court approval will be governed by that appointment.

3. If minors have an interest, the court will appoint a representative for the minor(s).

   The judge commonly appoints a guardian ad litem or requires the appointment/recognition of a guardian (or conservator) for the minor’s property interests. That representative protects the minor’s legal and financial interests during the sale and any court proceedings.

4. Prepare and file a petition to sell the real property.

   The personal representative or guardian files a petition with the probate or district court asking for permission to sell the house. The petition generally must explain why the sale is necessary or in the best interest of the estate and the minor(s) (for example, to divide cash among heirs, pay debts, or because the house is expensive to maintain). Include a proposed sales contract, the purchase price, an appraisal or market analysis, and evidence of marketing efforts.

5. Provide required notices to interested parties.

   The court will require notice to all heirs, creditors (if an estate), and other interested parties. North Dakota practice normally requires personal service on parties with known addresses and sometimes publication if parties cannot be located. The court must be satisfied that the minor’s guardian has been notified and that any guardian ad litem is appointed.

6. Attend a court hearing; the judge evaluates best interests.

   The judge reviews the petition, the sale terms, the proposed buyer (especially if the buyer is related), and evidence that the price is fair. The court focuses on whether the sale is in the minor’s best interest and whether the proceeds will be properly protected.

7. Court issues an order approving (or denying) the sale and sets sale conditions.

   If the judge approves the sale, the order will likely include conditions: approval of the purchase contract, requirement that proceeds be deposited in a blocked account or court-supervised account, and instructions for distribution to heirs or creation of a trust for the minor. The court may require a bond, an accounting, or additional protection for the minor’s share.

8. Close the sale and follow up with accounting to the court.

   After closing, the personal representative or guardian files a report or accounting showing the sale proceeds, costs of sale (commissions, repairs, taxes, etc.), and proposed distribution. The court signs an order distributing funds or directing the funds into a protected account for the minor until age of majority or under court-approved trust terms.

9. Protecting the minor’s money after sale.

   Courts frequently order that a minor’s share be held in a blocked bank account, an interest-bearing account, or a court-approved investment or trust. Any future use of the funds for the minor (education, health, maintenance) may require a separate court petition and order depending on the terms of guardianship or the court’s instructions.

Timing and costs: Expect weeks to several months depending on court schedules, notice periods, appraisals, and whether objections arise. Costs include court filing fees, appraisal and title fees, real estate commissions (if allowed), attorney fees, and possible guardian or guardian ad litem fees. The court will monitor that fees are reasonable.

Where to find the governing rules and statutes: North Dakota’s probate and guardianship statutes and local court procedures govern these steps. For the relevant statutes and forms, check the North Dakota Century Code and North Dakota Courts resources:

• North Dakota Century Code (search statutes on probate, guardianship, and decedents’ estates)
• North Dakota Courts (probate, guardianship, local rules and forms)

Examples of common scenarios (hypothetical):

• If a decedent left a will naming an executor, the executor petitions probate, asks the court to authorize sale, and the court appoints a guardian ad litem for a minor heir before approving the sale.
• If ownership passed by joint tenancy but one co-owner died and a surviving co-owner wants to sell while a minor heir claims an interest, the court may still get involved to establish the minor’s rights and to approve any sale or partition.
• If co-owners cannot agree, any co-owner can file a partition or sale action; the court will protect minors’ shares and can order sale with appropriate safeguards.

Helpful hints

• Start by locating the death certificate, the deed, any will, and mortgage/title records. These documents determine whether probate is necessary and who has authority to act.
• Consult the county clerk or probate court clerk early to learn local filing requirements, notice requirements, and hearing timelines.
• Get a professional, current appraisal to show the court the proposed sale price is fair, especially when a minor’s interest is at stake.
• If possible, avoid sales to related parties without a court-supervised process; courts scrutinize related-party sales more closely.
• Expect the court to want a detailed accounting after closing. Keep copies of all receipts, escrow statements, bills, and settlement statements.
• Ask whether the court will require the minor’s proceeds to be placed in a blocked account or trust. Plan for how those funds will be managed until the minor reaches majority or the trust end date.
• Consider engaging an attorney experienced in North Dakota probate and guardianship law early — they can prepare petitions, coordinate appraisals, draft sale documents, and attend hearings.
• Remember costs and delays are normal when minors are involved because the court’s priority is protecting the minor’s financial interest.

Other resources: For statutes, forms, and local procedures, use the North Dakota Century Code search and the North Dakota Courts website linked above. Your county court clerk’s office can also provide local filing instructions.

Disclaimer: This article is informational only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed North Dakota attorney who handles probate, guardianship, or real estate matters.