Detailed answer: What you must do to get court approval

When a home is inherited and one or more co‑owners are minors, the court must protect the minor owners’ interests before the property or the minor’s share can be sold. The exact steps depend on how title passed (by will, intestacy, joint tenancy, etc.) and whether the property has already been probated. Below is a clear, step‑by‑step overview of the common path in West Virginia.

1. 1. Identify how the property is titled and whether probate is open

   Start by determining how the deceased owner held title:

   • If the decedent left a will, the property typically must be administered through probate unless the title passed outside probate.
   • If title passed by survivorship (joint tenancy with right of survivorship), the survivor may own the property outright — but documentation and, occasionally, court clarification may still be needed.
   • If inherited by multiple people (tenants in common or by devise under a will), probate administration is often required to clear title.

   Contact the county probate clerk where the decedent lived or where the property is located to determine if an estate file exists.

2. 2. Open a guardianship or conservatorship for the minor’s property if one is not already in place

   Minor owners generally do not have full legal capacity to sell their real property interest. A guardian of the estate (sometimes called a conservator or fiduciary) must be appointed by the probate court to manage the minor’s property interests or to seek court approval for a sale.

   The appointment typically requires a petition to the probate court showing the minor’s identity and the need for a guardian of the estate. The court will provide notice to the minor (through a guardian ad litem if necessary) and to other interested parties.

3. 3. File a petition for sale or for court permission to sell the property

   The appointed fiduciary (or the personal representative of the estate) must file a petition in probate court asking for authority to sell the real estate or to permit a partition sale when co‑owners cannot agree. The petition should include:

   • A description of the property;
   • How title is held and who the co‑owners are (including minors);
   • The reason the sale is in the minor’s best interest (e.g., property is costly to maintain; sale will produce cash that can be prudently invested for the minor);
   • An appraisal or market analysis and proposed sale terms; and
   • Proposed handling of sale proceeds (blocked account, court‑approved investments, or distribution plan).

4. 4. Provide required notices and obtain any required appraisals

   West Virginia probate procedure requires notice to interested parties and, depending on the situation, public notice. The court may require one or more impartial appraisals or a professional market valuation to demonstrate that the sale price is fair and that selling is in the minor’s best interest.

5. 5. Court hearing and possible appointment of a guardian ad litem

   The court will hold a hearing. For cases involving minors, the judge often appoints a guardian ad litem or attorney to independently represent the minor’s interests during the proceeding. At the hearing, the judge will evaluate whether the proposed sale complies with the minor’s best interest standard and West Virginia probate requirements.

6. 6. Court order authorizing the sale and setting conditions

   If the judge approves, the court will enter an order authorizing the sale. The order may include conditions such as:

   • Minimum sale price;
   • Requirement that proceeds be placed in a blocked bank account or court‑supervised investment until the minor reaches majority;
   • Notice to the court before disbursement of funds; and
   • Requirement that the guardian post bond or provide other security.

7. 7. Complete the sale and file accounting with the court

   After sale, the fiduciary must complete closing in compliance with the court order. The guardian or personal representative must then file a final accounting showing sale proceeds, fees, expenses, and the handling of the minor’s share. The court will review the accounting before approving any disbursement not previously authorized.

8. 8. Distribution or investment of proceeds until the minor reaches majority

   Funds belonging to the minor generally remain under court supervision or in an approved investment or blocked account until the child reaches age 18 (or an age set by the court). The court will direct how and when funds are distributed or invested to protect the minor’s long‑term interests.

For general guidance on West Virginia statutes and probate practice, consult the West Virginia Code and the West Virginia Judiciary probate resources:

• West Virginia Code (statutes and titles): https://www.wvlegislature.gov/WV_CODE/
• West Virginia Judiciary — probate and court resources: https://www.courtswv.gov/

Common scenarios and what they mean

Scenario A — Title passed through probate and minors are devisees

If the house was devised to multiple heirs including minors, the personal representative must often seek court approval to sell estate property before final distribution. A guardian of the minor’s estate may be appointed to protect the minor’s share.

Scenario B — Property held as tenants in common and minors own a share

Adult co‑owners cannot unilaterally sell the minor’s interest. To sell the whole property, the parties typically seek a court‑approved sale or bring a partition action. The court will protect the minor’s share by requiring a guardian and by approving sale terms.

Scenario C — Title passed by survivorship (joint tenancy)

If survivorship passed title to the co‑owner(s) outside probate, the minor may not have become a co‑owner. Title records and facts will determine whether the minor actually owns an interest that requires court protection.

Timing, costs, and likely outcomes

• Timing: Expect several weeks to several months. Complex matters (disputes, partition actions, or contested guardianships) can take longer.
• Costs: Court filing fees, appraisal fees, attorney fees, guardian/conservator bond costs, and possible guardian ad litem fees.
• Outcomes: Courts frequently approve sales when they are fair, supported by an appraisal, and show clear benefit to the minor. Courts may impose conditions to protect the minor’s funds.

Helpful Hints

• Talk to the probate clerk in the county where the property is located for local filing procedures and forms.
• Hire an attorney experienced in West Virginia probate and real estate to prepare petitions and appear at hearings.
• Get at least one professional appraisal to show the sale price is reasonable.
• Prepare documentation of why sale is in the minor’s best interest (maintenance costs, tax burdens, job relocation, etc.).
• Consider alternatives: adult co‑owner buyout, voluntary partition agreement, or postponing sale until minors reach majority if practical.
• Keep detailed records of all transactions and court orders; you will need to file accurate accountings with the court.
• Expect the court to require the minor’s share to be held in a blocked account or court‑approved investment until age 18 unless the court orders otherwise.