Court Approval to Sell an Inherited Home Where a Minor Co-Owns (Ohio)

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, speak with a licensed Ohio attorney or the probate court.

Detailed Answer

Selling real estate that was inherited by multiple co-owners when one or more owners are minors requires extra court steps in Ohio. The probate court must protect the minor’s property interest. Below is a clear, step-by-step explanation of typical paths, the court actions involved, and the legal principles that usually apply under Ohio law.

Which procedure applies depends on how title and the decedent’s affairs stand

If the property is still part of the decedent’s probate estate (no final distribution yet), the personal representative (executor/administrator) may petition the probate court for authority to sell the property as part of estate administration.
If the property already transferred and the minors now hold title as co-owners (for example tenants in common), a guardian of the minor’s estate must act for the minor or a court partition/sale order must be obtained in the common pleas court.
If owners cannot agree, any co-owner can file a partition action asking the court to divide or sell the property and distribute proceeds.

Relevant Ohio statutory frameworks you may need to reference are the probate/guardianship rules and partition procedures: Ohio Revised Code, Chapter 2111 (guardianships), Chapter 2113 (administration of decedent’s estate), Chapter 2101 (probate court jurisdiction), and the civil rules for partition (see Ohio Revised Code Chapter 5307). You can review these chapters at the Ohio Revised Code site: ORC Chapter 2111 (Guardianships), ORC Chapter 2113 (Administration of Estates), ORC Chapter 2101 (Probate Court), ORC Chapter 5307 (Partition).

Common step-by-step process

Identify ownership and case status. Determine whether the property is still in the decedent’s probate estate or already titled to the heirs. Obtain the deed, death certificate, and any probate case number or letters testamentary/administration.
If probate is open and a personal representative exists: The personal representative may ask the probate court for an order authorizing sale of estate real property. If the will grants sale power to the representative, the court usually still reviews the sale to make sure it benefits the estate and creditors are protected. The court will require notice to interested persons, including minor heirs. If the sale will affect a minor’s share, the court will take steps to protect that share.
If minors already own the property: A guardian of the minor’s estate must be appointed (if not already appointed) in the probate court to act on the minor’s behalf for real estate transactions. The guardian petitions the court for authority to sell the minor’s interest or consent to a sale by co-owners. The judge will require documentation showing the sale is in the minor’s best interest, often including an appraisal and sale terms.
If co-owners disagree: Any co-owner can file a partition action in the county Common Pleas Court (real property division). The court can order a physical partition or sell the property and divide proceeds. For a minor co-owner, the court will appoint a guardian ad litem or otherwise ensure court-appointed representation protects the minor’s financial interest before approving a sale.
File the petition and provide notice. The petitioner (personal representative, guardian, or co-owner) files the petition to sell with the probate or common pleas court. The court schedules a hearing and requires statutory notice to interested parties, including guardians, creditors (if in probate), and other heirs.
Provide valuation evidence and sale terms. Courts typically expect a current appraisal or market analysis and complete sale terms (purchase price, buyer identity, commission, closing time). The court will review whether the price is fair and in the minor’s best interest.
Hearing and court order. At the hearing the judge will determine whether to approve the sale, sometimes with conditions (escrow of proceeds, reduced commissions, or appointment of a trustee to receive proceeds). If the judge approves, the court issues an order authorizing sale or confirming a court-ordered sale.
Closing and handling of proceeds for minors. The minor’s share of sale proceeds commonly must be handled under the court’s supervision. Courts often require that proceeds be deposited into a blocked account, custodial account, or managed by the guardian of the minor’s estate. The court may require a bond, accounting, or follow-up approval before distributing funds to a minor.

Practical documents and requirements you’ll likely need

Death certificate and any will.
Letters testamentary or letters of administration (if probate opened).
Title search showing current owners.
Appraisal or market analysis.
Copy of listing agreement or purchase agreement.
Petition or motion to the court seeking authority to sell; proposed order; notice forms.
Information about the minor (age), any existing guardian, and proposed handling of sale proceeds.

What the court focuses on

Whether the sale is fair and in the best interest of the minor(s).
Whether the minor has proper representation (guardian of estate or guardian ad litem).
Proper notice to all interested parties and creditors (if estate sale).
Clear accounting and safekeeping of the minor’s funds until the court allows distribution or the minor reaches majority.

Typical timelines and costs

Timelines vary. Getting a guardian appointed and court approval can take weeks to months depending on court schedules, complexity, and whether objections arise. Expect probate/court filing fees, appraisal costs, attorney fees if you hire counsel, and ordinary closing costs. Courts may require bonds or special banking arrangements that add administrative steps.

Alternatives and special situations

If all adult co-owners agree to buy out a minor’s share, the guardian (with court approval) can often accept an offer where funds go into a protected account for the minor.
If the minor’s share is small relative to estate value, the court may approve settlement or compromise on terms it deems fair.
Some sales may proceed faster if the will expressly authorized the sale and the probate court has previously approved estate administration plans; but protection for minors remains required.

Helpful Hints

Start at the probate court where the decedent lived. Clerk staff can tell you whether a probate case exists and how to file petitions.
Hire an Ohio probate attorney if possible. Court practice varies by county; an attorney can prepare petitions, gather appraisals, and present evidence showing the sale is in the minor’s best interest.
Get a current appraisal before petitioning the court. Courts want objective proof of market value.
Collect and keep copies of all notices, orders, and accounting documents. Judges rely on complete records when approving sales and distributions involving minors.
Expect the court to protect the minor’s money. Plan for how proceeds will be held or invested when budgeting for a buyout or distribution.
If you pursue partition, know that the court can order an in-kind split (rare for houses) or a forced sale with proceeds divided among owners, with special protection for minors’ shares.
Ask the court or attorney whether any state or federal tax, Medicaid, or public-benefit implications apply to distributing sale proceeds to a minor.

For statutory text and deeper rules on guardianship and estate administration see the Ohio Revised Code chapters referenced above: Chapter 2111 (Guardianships), Chapter 2113 (Administration of Estates), and Chapter 5307 (Partition). The local probate court website and clerk can provide county-specific forms and fee information.

Remember: this article explains common Ohio procedures but does not replace personalized legal advice. Consult a licensed Ohio attorney or your county probate court for guidance tailored to your facts.