Filing a Partition or Petition for Sale of Inherited Real Estate When Some Heirs Are Minors

Disclaimer: This article explains general Tennessee procedures and is educational only. It is not legal advice. Consult a licensed Tennessee attorney for guidance about your specific situation.

Detailed answer — how the process works in Tennessee

If you and other heirs own real property together after an owner’s death and you cannot agree on keeping or dividing the property, a partition action (or a petition for sale) asks a court to divide the land or sell it and divide the proceeds. Tennessee law allows co-owners to seek partition in court. See Tennessee Code Annotated (T.C.A.), Title 29 (civil actions) for statutory authority on partition actions; you can start at the Tennessee Code website: https://www.capitol.tn.gov/ (search Title 29, Chapter on partition).

Who files, and where?

Any joint owner (including an heir who inherited an interest through probate or intestacy) may file a petition for partition in the correct Tennessee court. Partition and other equity matters are commonly filed in chancery court (or occasionally in circuit court depending on local practice and the issues involved). Check local court rules or ask a clerk which court handles partition in your county.

Key procedural steps

Identify all owners and their interests. Include all heirs, whether they are adults, minors, or persons under guardianship.
Prepare and file a partition complaint or petition. The petition names all co-owners, describes the property, states why partition or sale is necessary, and requests the court to divide the property in kind or order a sale and divide the proceeds.
Serve process on every co-owner, including minors’ parents or guardians (and any guardian ad litem if the court appoints one).
The court will determine if the property can practically be partitioned in kind (divided physically) or whether a sale is required (partition by sale). If a sale is ordered, the court will supervise sale procedures and distribution of proceeds.
After disposition, the court issues orders dividing or distributing interests and directs conveyances or payments to the parties or their representatives.

Special rules when some heirs are minors

Minors cannot independently litigate or sign away legal claims. Tennessee courts protect their interests in several ways:

Guardian ad litem: The court typically appoints a guardian ad litem (GAL) to represent a minor’s best interests in the partition litigation. The guardian ad litem is an independent advocate for the child’s legal and practical interests in the case. Tennessee court rules govern appointment of a guardian ad litem; see Tennessee Rules of Civil Procedure and local chancery/circuit rules at https://www.tncourts.gov/rules/rules-civil-procedure.
Guardian or next friend: In some cases, a parent or a court-appointed guardian may act for the minor as the child’s representative or next friend to bring or defend claims. If the minor already has a court-appointed guardian for their person or estate, the guardian may have authority to act in the litigation.
Court approval of settlements and sales affecting minors: If the proposed partition, sale, or distribution will affect the minor’s property rights or money that will be paid to the minor, Tennessee courts will often require explicit court approval of any settlement or the method of distributing funds to ensure the minor’s interests are protected. The court may require that proceeds be placed in a supervised account or appoint a conservator for the minor’s share.
Conservatorship or probate involvement: If the minor’s interest is part of a probate estate, the probate court may supervise collection or sale of estate property and the distribution to the minor, or may order that the minor’s proceeds be held in guardianship/conservatorship. See the probate and guardianship rules on the Tennessee Courts website: https://www.tncourts.gov/.

Practical consequences of having minors as co-owners

Service and notice: You must serve documents properly on minors’ parents or guardians and any court-appointed GAL.
Timing: Courts may delay final sale or distribution until a guardian or conservator is appointed or until the court completes its review to protect a minor’s interests.
Bond or protective mechanisms: A court may require a bond, escrow, or restricted account for the minor’s share pending their reaching majority or appointment of a conservator.
Appraisal and fair market value: The court will typically require an appraisal before ordering sale; this protects minors and other co-owners by ensuring a fair price.

Court forms, evidence, and supporting documents

Typical documents you will need to file or present:

Deeds and title documents showing ownership and how heirs own the property.
Probate documents (if the property passed through a probate estate), such as the will, letters testamentary, or letters of administration.
Legal description of the property and recent property tax/assessment records.
Appraisal or valuation information to support any request for sale and distribution.
Information about minors (names, dates of birth, guardianship documents, and parents’ names) so the court can ensure proper representation and service.

What the court can order

The court has broad equitable powers in partition cases. Typical orders include:

Partition in kind (physical division) if the property can be divided practically and fairly among owners.
Partition by sale (public or private sale) if division in kind is impractical or would be unfair.
Appointment of a commissioner to sell the property and report proceeds to the court.
Distribution of sale proceeds to owners (or to a guardian/conservator or blocked account for minor owners) according to their ownership shares.
Approval of compromises or settlements that affect minor interests only after court review and specific safeguards for the minor.

Helpful hints

Start by identifying all owners and whether each heir’s interest passed via probate. If property is still in a decedent’s estate, coordinate with the probate process.
Consult local court clerks about the correct court (chancery vs. circuit) and any local filing forms or requirements.
Hire a licensed Tennessee attorney experienced in partition or probate matters. Minors’ rights add complexity (GALs, court approval, conservatorship), and an attorney can guide you through these steps and avoid mistakes that delay the case.
Expect the court to require independent valuation (an appraisal) before approving a sale. Have an appraiser lined up early to speed the process.
If minors are involved, be ready to document their status (birth certificates) and provide proposed representatives (parents, prospective guardians, or names for a GAL) so the court can act promptly to protect the minors’ interests.
Consider mediation early if co-owners may agree to buy out a minor’s share or divide the property — a negotiated solution can avoid the time and cost of a formal sale under court supervision, but any settlement for a minor will likely still need court approval.
Plan for how the minor’s share will be held or spent: courts commonly require money for minors to be placed in a restricted account, conservatorship, or held by the probate court until the minor reaches majority or another lawful arrangement is approved.
Keep detailed records of all notices, appraisals, and communications. Courts expect transparency when minors’ property interests are involved.

Where to find Tennessee statutes and court rules

Primary Tennessee resources you should consult or send to your attorney:

Tennessee Code (T.C.A.) — state statutes: https://www.capitol.tn.gov/ (search by Title and Chapter, e.g., Title 29 for civil actions/partition).
Tennessee Rules of Civil Procedure and local court rules (for guardian ad litem and procedural rules): https://www.tncourts.gov/rules/rules-civil-procedure
Tennessee Judicial Branch — probate and guardianship resources and local court contacts: https://www.tncourts.gov/

When to contact an attorney

Talk to a Tennessee attorney if:

Some heirs are minors or under guardianship and you need guidance on representation or court approval for settlements;
Co-owners disagree about sale vs. partition in kind;
The property has title issues, liens, or other encumbrances; or
You want to explore buyout, mediation, or sale alternatives before filing suit.

Because courts give extra protection to minors’ property rights, professional legal help will usually speed the process and reduce the risk that a judge will later reject a sale or settlement for lack of proper protections for a minor.