Washington — How to Get Court Approval to Sell an Inherited Home When Co-Owners Include Minors | Washington Estate Planning

Detailed Answer — Court Approval to Sell an Inherited Home When Co-Owners Include Minors (Washington)

If a house is owned by multiple heirs and one or more heirs are minors, Washington courts often must approve a sale before the property can be transferred. The exact path depends on how title passed (will, probate, joint tenancy, or transfer-on-death), who already controls the property, and whether a guardian has been appointed for any minor owner. Below are practical, step-by-step actions a co-owner should expect and the legal tools Washington courts use to protect minor owners.

1. Confirm how title passed and who has authority now

Check the deed and any will. Determine whether the decedent’s interest passed by probate, by a transfer-on-death designation, or by survivorship (joint tenancy or community property with right of survivorship).
If title passed outside probate (for example, by right of survivorship), the surviving co-owner(s) may have authority to act. If a minor is a surviving co-owner, that minor’s ability to legally contract may be limited and a guardian or court order may still be required to complete a sale.
If the decedent’s interest is part of the probate estate, the personal representative (executor/administrator) handles estate assets, subject to court supervision. See RCW Title 11 (Probate, trusts, and guardianship law): https://apps.leg.wa.gov/rcw/title11/

2. If minors own part of the property, a guardian or court approval is usually required

When a minor owns property, a guardian of the estate is often appointed by the Superior Court to manage the minor’s property. The guardian can ask the court for permission to sell real property on the minor’s behalf.
If no guardian exists, a co-owner seeking a sale may need to petition the Superior Court for an order authorizing the sale and for appointment of a guardian or guardian ad litem to represent the minor’s interests at the sale hearing.

3. Typical petition to the Superior Court — what to file and why

The usual path is to file a petition in the county Superior Court where the property is located. The petition asks the court to authorize sale of the home on terms the petitioner proposes. The court will want documentation showing the sale is in the minor’s best interest.

Common items to include or expect:

Copy of the deed and any instrument showing how title passed (will, death certificate, transfer-on-death deed, etc.).
If applicable, letters testamentary or letters of administration (if the estate is in probate).
An appraisal or two broker price opinions showing fair market value and a proposed sales contract identifying buyer, price, and terms.
A proposed order for the judge that lays out how proceeds will be handled (for example, whether proceeds will be paid to the guardian for deposit in a blocked or restricted account for the minor, paid to the personal representative, or otherwise distributed).
Proof of notice to interested parties (all heirs, mortgage holders, lienholders, and the minor’s next of kin or guardian if one exists).

4. Notice, guardian ad litem, and hearings

The court will require notice to all interested persons. The court frequently appoints a guardian ad litem or counsel for the minor to protect the minor’s interests in the sale process.
A judge will hold a hearing. The court reviews whether the sale price is fair, whether the sale is necessary or convenient, and whether the distribution of proceeds protects the minor’s funds (for example, placing funds into a blocked account or requiring investment safeguards).
Expect the court to consider alternatives (e.g., selling only the adult co-owner’s share, buyout by the adult co-owner, or continuing to rent the property) and to approve what is in the minor’s best interest.

5. After approval — documentation and distribution of proceeds

If the court approves the sale, the court will sign an order authorizing the sale and detailing how proceeds are to be handled.
The seller must record any court order required to complete the title transfer and to clear title for the buyer.
The court often requires that the minor’s share of proceeds be held in a court-supervised account, deposited with the county clerk, or placed in a blocked bank account until the minor reaches majority or until the court orders otherwise.
All distributions are commonly subject to accountings to the court from the personal representative or guardian.

6. Practical timeline and costs

Expect several weeks to multiple months depending on whether probate or a guardianship is needed, how quickly appraisals and notice can be completed, and court scheduling.
Costs may include filing fees, appraisal fees, guardian ad litem or minor’s counsel fees, attorney fees, and possible bond requirements for a guardian or personal representative.

Hypothetical example (illustrative)

Suppose an owner dies leaving a house to two heirs: an adult sibling and a 10-year-old child. The adult wants to sell the house to pay bills. Steps likely will be:

Check the deed and will to see how title passed.
If the estate must be probated, the adult asks the probate court to appoint a personal representative and to authorize sale of the estate real property. If the child’s share vests immediately, the adult files a guardianship petition for the child’s estate or a petition to approve the sale and to appoint a guardian ad litem for the child.
The adult submits appraisals, a proposed sales contract, and a proposed order to the Superior Court. The court sets a hearing, gives notice, and may appoint counsel for the child.
At the hearing the judge decides whether to permit the sale and how the child’s share will be protected (for example, deposit into a restricted account). If approved, the sale closes and funds are distributed per the court order.

Key Washington law references

Washington probate, guardianship, and trust laws are found in RCW Title 11: https://apps.leg.wa.gov/rcw/title11/
The Superior Court in the county where the property sits handles probate and guardianship petitions. Washington Courts general information is at https://www.courts.wa.gov/

When you should get an attorney

Because courts closely guard minors’ property interests, consult a Washington probate/guardianship attorney early if:

Minors own any share of the property;
There are liens or mortgages on the property;
Heirs disagree about selling; or
You need to move quickly for creditor, tax, or financing reasons.

Helpful Hints

Start by locating the deed, will, and death certificate. These documents frame the legal path.
Get a current market appraisal or at least two broker price opinions before petitioning the court.
Provide clear accounting proposals for how the minor’s proceeds will be held or invested. Courts like specific plans.
Expect the court to require notice to all heirs and creditors. Use certified mail or the method the court requires and keep proof of service.
Be prepared for the court to appoint a guardian ad litem or counsel for the minor; they represent the minor’s separate interests, not the adult co-owners.
Ask the court or your attorney whether a bond is required for a guardian or personal representative; bonds add cost and time but protect beneficiaries.
If all heirs (including parents or guardians of minors) agree, ask the court whether a streamlined or uncontested procedure is available to speed approval.
Keep detailed records of sale negotiations and expenditures. The court may require an accounting for minor beneficiaries.

Disclaimer: This information explains general Washington procedures; it is educational only and is not legal advice. Laws change and each situation is unique. Consult a licensed Washington attorney for advice tailored to your specific facts.