How to file a partition action or petition for sale of inherited real estate when some heirs are minors

Short answer: In Utah you can ask the district court for a partition in kind (divide the land) or a partition by sale (sell the property and divide the proceeds). When one or more heirs are minors, the court will require special steps to protect the minor’s legal and financial interests—typically appointment of a guardian ad litem and/or a conservator for the minor’s property, court approval of any sale, and removal or handling of sale proceeds in a way that safeguards the minor’s share.

Detailed answer — step by step

1. Understand the basic law and choices

Utah law allows co-owners to seek partition of real property when they cannot agree on use or disposition. Courts can either divide the property physically (partition in kind) or order a sale and divide the money (partition by sale). See the Utah Code on partition and civil procedure for court actions and remedies (Utah Legislature, Title 78B for civil procedure/partition: https://le.utah.gov/xcode/Title78B/Chapter6/78B-6.html).

2. Identify all heirs and their interests

Gather the deed, decedent’s death certificate, any will or probate filings, and a current title report. Determine whether heirs hold the property as tenants in common or another form. If the property passed through probate, the personal representative or court records will show the heirs and their shares. If you need help with forms and court practice, the Utah Courts self-help page on partition actions is useful: https://www.utcourts.gov/howto/civil/partition/.

3. Try to reach an agreement first

Courts favor settlement. Options include: one heir buying out others, selling by agreement and dividing proceeds, or creating a use plan (rental, co-ownership agreement). If minors are involved, the guardian for the minor’s estate or the court must usually approve any agreement that affects the minor’s property rights.

4. If no agreement, file a partition action in district court

File a complaint for partition in the district court of the county where the property sits. Name all co-owners (including minors). When a defendant is a minor, the court requires someone to protect the minor’s interests in the lawsuit (see next step).

5. Protections required when heirs are minors

When a minor has an ownership interest, Utah courts typically take these protective steps:

Appoint a guardian ad litem (GAL) to represent the minor’s litigation interests. A GAL is an independent person the court selects to advocate for what is in the minor’s best interests during the case.
Require appointment of a conservator (guardian of the minor’s estate) if the minor will receive funds or needs someone to manage the minor’s property. The conservatorship may be handled in a separate probate/guardianship proceeding under Utah probate statutes (see Utah Code, Title 75 on probate/guardianship: https://le.utah.gov/xcode/Title75/75.html).
Require court approval of any sale or settlement that affects the minor’s share. The court evaluates whether the sale or price is fair and in the minor’s best interest.
Often require a bond, blocked account, or deposit of sale proceeds with the court or a bank under court supervision until the minor reaches majority or a conservator is appointed to manage funds.

6. Typical court process for a partition with minors

Complaint filed; minors are named as defendants.
Pleadings and service on interested parties.
Motion or order appointing a guardian ad litem for each minor defendant (or the court may appoint one on its own).
If sale is likely, petition the probate court (or the proper court) to appoint a conservator for the minor’s property or to approve the sale terms and the distribution plan for the proceeds.
Evidence exchange, appraisal(s), and hearings. The court orders partition in kind or sale depending on feasibility and fairness.
If sale ordered, the court supervises the sale or approves a private sale, reviews bids, and signs the final order confirming sale and distribution. The minor’s share will be handled under court-approved protections.

7. How the court protects a minor’s proceeds

The court may:

Require sale proceeds to be deposited into a blocked account or with the clerk of the court until a conservator is appointed or the minor reaches 18.
Require the conservator to post bond and file regular accountings with the probate court.
Limit how funds may be spent for the minor’s benefit (education, health, support) until full release is permitted.

8. Timeline and costs

Time: A straightforward partition without disputes can take a few months. When minors are involved, expect additional steps for appointing a GAL or conservator and for court review; the process commonly takes several months to over a year. Costs: filing fees, service fees, attorney fees, appraisals, guardian ad litem fees, conservator bond premiums, and court-supervised sale costs. If you settle early, you can save significant time and money.

9. Alternatives to filing

Agreement among heirs: private sale or buyout with court approval for minors’ shares.
Mediation: neutral mediator can help reach a sale or division plan acceptable to all.
Probate sale: if the property is in probate, the personal representative can seek court approval to sell estate property, which may be simpler for minors’ interests if the probate court approves distribution and protective mechanisms for minors.

Hypothetical example

Suppose three siblings inherit a cabin equally after their parent dies. One sibling is 15. The two adult siblings disagree: one wants to keep the cabin; the other wants to sell. The adult who wants to sell files a partition action in the county where the cabin sits. The court names the 15-year-old defendant and appoints a guardian ad litem to represent the child in the partition case. The court also requires the appointment of a conservator or a plan for the minor’s share to be held in a blocked account or placed into a conservatorship. After appraisals show the cabin cannot be divided practically, the court orders a sale, approves the sale terms, and directs the proceeds be split equally, with the minor’s portion placed in a court-supervised account until a conservator is in place or the minor turns 18.

Key Utah resources and statutes

Utah Legislature — Title 78B (civil procedure; partition provisions): https://le.utah.gov/xcode/Title78B/Chapter6/78B-6.html
Utah Legislature — Title 75 (probate, guardianship, conservatorship matters): https://le.utah.gov/xcode/Title75/75.html
Utah Courts — self-help: partition actions: https://www.utcourts.gov/howto/civil/partition/
Utah Courts — information on guardianship for minors (for background on conservatorship/guardian roles): https://www.utcourts.gov/howto/family/guardianship/

Helpful hints

Prepare clear title documents before filing: deed, probate records, death certificate, and heirs’ contact information.
Identify minors early. Tell the court their ages and provide birth certificates when required.
Expect the court to appoint a guardian ad litem for each minor; you may be required to pay GAL fees, depending on the case.
Get at least one independent appraisal before asking the court to order a sale; courts rely on appraisals to determine fairness.
If you plan a private sale, get court pre-approval when minors are involved to avoid later objections or reversal by the court.
Consider mediation early—settlement saves money and preserves relationships. Any settlement affecting minors must be court-approved.
When proceeds are expected for a minor, plan for conservatorship or court-ordered safeguards so the funds are available for the minor’s benefit and properly protected.
Keep detailed records and receipts of any expenses or improvements—those affect net distribution.
Talk with an attorney experienced in Utah real property and probate law to ensure compliance with procedural rules and to protect minor interests.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. Laws change and facts matter. Contact a licensed Utah attorney to get advice tailored to your specific situation.