Can I force a sale or file a partition action for inherited real estate in Washington when some heirs are minors?

Short answer: Yes — in Washington an adult cotenant or executor can ask the Superior Court to partition real property or order its sale even when some heirs are minors. The court must protect the minor’s interest, usually by appointing a guardian for the minor’s property or a guardian ad litem and by supervising how sale proceeds are handled. This article explains the typical steps, courtroom procedures, and practical tips under Washington law.

Disclaimer

This is general information, not legal advice. Laws change and facts matter. Talk with a Washington attorney for advice specific to your case.

How ownership and inheritance affect your options

If someone died owning real estate, a few common situations can arise:

The property is already titled in the heirs’ names (tenants in common).
The property is still in probate and the personal representative (executor/administrator) controls it.
A will gave fractional interests to multiple heirs, including minors.

In all of these situations, co-owners who disagree about keeping or selling the property can ask a Washington Superior Court to partition the property or order its sale. Washington’s partition statute governs these actions; see the Revised Code of Washington chapter on partition actions: RCW 7.52 (Partition).

Key differences: partition in kind vs. partition by sale

The court can:

Partition in kind — physically divide the land so each owner receives a portion. This works when the property can be fairly divided without greatly reducing value.
Partition by sale — order a sale and divide the proceeds. Courts prefer partition in kind when practicable but will order sale when division is impracticable or inequitable.

Filing a partition action in Washington Superior Court

Typical steps an adult cotenant or representative follows:

File a civil complaint for partition in the Superior Court of the county where the property sits. You must name all co-owners as defendants, including minors.
Provide notice. The court’s rules require notice to all interested parties. When a defendant is a minor, the court will require special protection for that minor’s interest.
The court may appoint a guardian ad litem or require a formal guardianship or conservatorship for the minor’s estate so someone can legally represent the minor’s property interest in the action.
If the court orders sale, it will supervise how bids are received or order a judicial sale and then distribute proceeds to owners after expenses, liens, and adjustments.

How the court protects minors

Washington courts take extra steps to protect minors’ property interests. Typical protections include:

Appointing a guardian ad litem to represent the minor’s best interests in the partition action.
Requiring the appointment of a guardian of the minor’s estate (or conservator) to receive and hold sale proceeds, if the minor will receive money.
Requiring court approval for settlement, sale, or distribution that affects the minor’s share.

Guardianship and conservatorship procedures in Washington are governed by the state’s probate and guardianship statutes. For general information and forms, see Washington Courts’ forms and guardianship resources: Washington Courts – Forms.

When the property is in probate

If the decedent’s estate is open in probate, the personal representative (executor/administrator) may have authority to sell property under probate statutes and court supervision. The probate court may approve a sale and then distribute proceeds to heirs, including minor heirs whose shares must be handled under statutes and court orders to protect the minor’s interest.

Practical, step‑by‑step checklist (with a hypothetical)

Hypothetical: John died owning a family home. He left the house to his three children: Anna (age 35), Marco (age 18), and Lily (age 14). Anna wants to sell; Marco and Lily’s guardian objects.

Anna confirms title and whether the house is in probate. If the house passed directly to heirs by deed, Anna can file a partition action in Superior Court. If the house is in probate, Anna may petition the probate court for sale.
Anna files a partition complaint naming Marco and Lily (as a minor defendant). She attaches a copy of any title documents and a proposed distribution schedule.
The court sends notices. For Lily, the court requires a guardian ad litem to represent Lily’s interests. The court may also require a guardian of Lily’s estate if money will result from a sale.
The court evaluates whether physical division is possible. If not, it orders a sale and supervises bidding or authorizes a broker with court approval.
After sale, the court orders costs and mortgage or lien payoffs. The court then determines each heir’s net share and places Lily’s share in court‑supervised guardianship accounts until she reaches majority or as the court orders.

What you should expect on timing and cost

Partition actions can take many months to over a year depending on complexity, title issues, appraisal disputes, and whether the court orders sale. Expect filing costs, service fees, appraisal fees, possible attorney fees, and court‑supervised sale costs. The court may award fees and costs under circumstances set by statute and case law.

Alternatives to a contested partition

Buyout: One owner buys out the others using an independent appraisal.
Mediation: Reach an agreement about sale timing, price, or who lives in the property during the process.
Voluntary sale via executor or joint decision: If all owners agree, a private sale avoids court costs and delay. For minors, the sale still requires court or guardian approval to protect a minor’s proceeds.

When to involve a lawyer

Consider hiring a Washington probate or real property attorney if:

Minors are involved and court guardianship issues appear likely.
Title is unclear or liens exist.
Heirs disagree about sale, value, or distribution.
You need help with statutory filings, appraisals, or court hearings.

Helpful statutes and official resources

Partition actions: RCW chapter for partition actions — see RCW 7.52 (Partition).
Probate, guardianship, and conservatorship matters: general resources and forms — see Washington Courts – Forms and the Washington Courts information pages on guardianship and probate.
County Superior Court local rules and filing instructions: Check the Superior Court website for the county where the property lies for filing requirements and fee schedules.

Helpful Hints

Start by confirming the title and whether the property is in probate. That changes the procedure.
If a minor is involved, expect the court to require extra steps (guardian ad litem, guardianship of estate) to protect the minor’s money or property.
Get at least one professional appraisal before asking a court to sell. Appraisals help the court decide whether to divide or sell.
Keep careful records of all expenses, improvements, and payments related to the property. The court adjusts distribution for contributions by different cotenants.
Consider mediation or a buyout to avoid lengthy court fights and extra legal fees.
Check local Superior Court procedures and forms early — every county can have slightly different filing and service rules.
When proceeds are paid to a minor’s guardian, ask the court how the money will be held (blocked account, guardianship estate) and when the minor can access funds.

Next practical steps

Locate the deed and death certificate; confirm whether probate is open.
Talk to a Washington probate/real estate attorney for specific steps tailored to your county and the minors’ needs.
If you proceed to court, be prepared to provide notice documents, appraisal(s), and proof of heirs’ identities and ages.

If you’d like, tell me whether the property is already in probate, how many heirs there are, and the ages of any minors, and I can walk you through the likely first court filings and notices in your county.