Short answer
If you need to divide or sell inherited real estate in Wisconsin and one or more heirs are minors, you generally file a partition action in the circuit court where the property lies under Wisconsin’s partition laws. The court will require representation or protection for the minor heirs—typically by their legal guardian, a guardian of the minor’s estate, or a court‑appointed guardian ad litem—before ordering division or a sale. The partition statutes control the mechanics of dividing or selling the property; Wisconsin guardianship statutes govern who must represent the minor and how the minor’s share of proceeds is handled.
Detailed answer
1. Which laws apply?
The primary law for splitting or selling co‑owned real property by court action is Wisconsin’s partition statute (chapter 865). See the statutes here: Wis. Stat. ch. 865 (Partition). Rules about appointing guardians and managing a minor’s property interests are in the guardianship and protective placement statutes: Wis. Stat. ch. 54 (Guardianship).
2. Preliminary steps you should take
- Confirm ownership. Find the deed, will, and the current land records to confirm which persons hold title and in what shares.
- Check probate. Determine whether the estate has been administered or whether the property passed outside probate (for example, joint tenancy, life estate, or transfer on death).
- Identify all owners and heirs. Get full legal names and ages. Note which heirs are minors and whether any adult is already appointed guardian of the minor or guardian of the minor’s estate.
3. Where and how to start a partition action
File a civil complaint for partition in the circuit court of the county where the real property is located. The complaint should:
- Name every owner or person with an interest in the property as a defendant (or as required by the court rules).
- Describe the property and each party’s claimed share.
- Ask the court for partition in kind (physical division) or, if that is not practicable or fair, for an order to sell the property and divide the proceeds.
Wisconsin law gives the court authority both to divide land between co‑owners and to order a sale when division is inequitable. See Wis. Stat. ch. 865 for the court’s powers, procedures, and sale process.
4. How to involve minor heirs properly
Courts protect minors’ property interests. Do not ignore a minor heir. The court will require someone to represent or protect the minor’s legal and financial interests before making an order that affects the minor’s share.
Common ways to protect minors in partition actions:
- If a parent or another adult is already legally appointed as the minor’s guardian or guardian of the minor’s estate, that guardian should be named and served in the action to represent the minor’s interest.
- If no guardian exists, ask the circuit court to appoint a guardian ad litem or a guardian of the minor’s estate to represent the minor for purposes of the partition or sale under the guardianship statutes. See Wis. Stat. ch. 54.
- The court may require the guardian (or the court) to approve any sale or distribution that affects the minor and may require a bond, a trust account, or deposit of proceeds with the court to protect the minor’s funds.
5. What the court considers when ordering sale vs. division
The court will try to divide the property fairly. If it is not practical (for example, a single residential lot cannot be fairly split) or if division would materially harm value, the court will order sale and divide net proceeds among co‑owners in their respective shares. The court also may consider fairness, improvements, encumbrances, and each party’s contribution to taxes and maintenance. See Wis. Stat. ch. 865 for the court’s authority.
6. How the minor’s proceeds are handled
When a sale produces cash, the court will make sure a minor’s portion is protected. Typical options include:
- Paying the minor’s share to a court‑appointed guardian of the minor’s estate who must manage the funds under Wisconsin guardianship law.
- Placing proceeds in a blocked account at a bank, or ordering the funds deposited with the court until the minor reaches majority or until the court approves distribution.
- Approving a structured settlement, trust, or other arrangement that protects the minor’s long‑term interests.
7. Practical timeline and costs
Timing varies. A straightforward uncontested partition can resolve in a few months. Contested cases, objections, title disputes, appraisal needs, or sale by auction can extend the process many months. Court filing fees, service costs, appraisal fees, attorney fees, and trustee or escrow fees (or bond costs for a guardian) are common expenses.
8. Sample checklist (hypothetical facts)
Imagine three heirs: two adults and one 12‑year‑old. The property is a single lot that cannot be physically divided without losing value. Reasonable next steps would be:
- Confirm the deed listing the three heirs as co‑owners.
- Check whether the 12‑year‑old already has a guardian of estate appointed by any prior probate or guardianship proceeding.
- File a partition complaint in the county where the lot is located, naming all three as parties and requesting sale and division of proceeds.
- If no guardian exists for the minor, ask the court to appoint a guardian ad litem or guardian of the estate to represent the minor during the partition.
- Obtain an appraisal and request the court to order sale and direct how the minor’s proceeds will be held (for example, deposit with the court or appointment of a guardian of the estate to manage the funds).
9. When to get a lawyer
Partition actions involving minors raise additional procedural and fiduciary issues. If the case is contested, involves significant value, complex title issues, or if no guardian exists for the minor, consult a Wisconsin trial attorney experienced in real estate and probate/guardianship matters. An attorney can prepare the complaint, handle service on minors, request guardian appointments, and propose safe ways to handle the minor’s proceeds.
10. Where to find statutory text and court forms
Read the partition chapter and guardianship chapter:
- Partition: Wis. Stat. ch. 865 (Partition)
- Guardianship and related protections: Wis. Stat. ch. 54 (Guardianship)
Helpful hints
- Do not start a sale or sign away a minor’s interest without court approval or a guardian authorized to act for the minor.
- Collect title documents, death certificates (if the property came from a decedent), deeds, wills, and any prior probate or guardianship orders before filing.
- Ask the court to appoint a guardian ad litem early if any heir is a minor and no guardian exists. That reduces delay and protects the minor’s rights.
- Get at least one professional appraisal before asking for a sale; courts rely on appraisals to set minimum sale price or to determine fairness of a buyout.
- Consider mediation before filing. Heirs can sometimes agree on a buyout, sale, or property allocation that avoids court expense and delay.
- Plan for how the minor’s share will be managed long term; the court often prefers a guardian of the estate or a trust rather than an immediate cash distribution to a minor.
- If you are the guardian of a minor’s estate, keep careful records and be prepared to account to the court for how proceeds were invested or spent on the minor’s behalf.
- Expect the court to require notice to the minor’s parents or existing guardians and to require protective steps such as bonds, blocked accounts, or court supervision of distributions.
Closing and disclaimer
This article explains general Wisconsin procedures and practical steps for partition and sale when heirs include minors. It is not legal advice and does not create an attorney‑client relationship. Laws change and every case has unique facts. For specific guidance about your situation, consult a Wisconsin lawyer experienced in partition, probate, and guardianship matters.