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

Quick answer: In Wyoming, a partition action (asking the district court to divide co-owned real property) or a petition to sell inherited real estate follows the state’s civil and probate procedures. When some heirs are minors, the court will take extra steps to protect their interests: minors must be properly represented (often by a guardian, guardian ad litem, or conservator), the court will supervise any sale or distribution of proceeds, and funds for minors are typically handled through blocked accounts, appointment of a guardian of the estate, or other protective arrangements. Because rules and forms vary with the facts, consult a Wyoming probate or real estate litigation attorney or the district court clerk for the county where the property is located.

Detailed answer — step-by-step overview (Wyoming procedures and practical steps)

1. Confirm ownership and the legal reason you need the court

Start by confirming how the property passed to the heirs: did it pass by will, by intestate succession (no will), or by survivorship/title form? If the property is already titled to the heirs jointly, one or more co-owners can file a partition action in the Wyoming district court where the property is located. If the property is still part of a decedent’s probate estate, the personal representative (executor/administrator) often has authority to sell the property under the probate process, subject to court approval and notice requirements.

2. Try to reach agreement first

The court prefers parties reach an agreement. If the adult heirs and the guardian(s) of minor heirs can agree on sale or division, the court may only need to approve the settlement and the protection measures for the minors’ shares (for example, placing proceeds in a blocked account or appointing a guardian of the estate). Agreeing first saves time and cost.

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

Filing party (usually a co-owner) files a complaint for partition in the Wyoming district court in the county where the land sits. The complaint must name every co-owner as a defendant. The complaint requests either:

partition in kind (physical division of the property), or
sale of the property and division of proceeds between the owners if the property cannot be conveniently divided.

When minors are owners, the complaint must also identify the minors and their guardians (if known). If guardians are not yet appointed, the court will take steps to appoint counsel or a guardian ad litem to protect the minor’s interest.

4. Representation and protection for minors

Wyoming courts will ensure a minor’s legal and financial interests are protected during litigation and sale. Typical protections include:

Appointment of a guardian ad litem (GAL) or court-appointed attorney to represent the minor in the partition case.
Appointment of a guardian of the minor’s estate (or conservator) to manage any money owed to the minor if a sale occurs or proceeds are distributed.
Supervision by the district court of any sale and distribution of proceeds (the court may require the proceeds be placed into a blocked bank account or invested under court supervision until the minor reaches majority).
Approval by the court of any compromise or settlement that affects a minor’s share.

If the minor already has a court-appointed guardian of the estate from a separate guardianship proceeding, that guardian should be named and will act for the minor in the partition case. If not, the partition case often triggers the court to appoint someone to act for the minor’s financial interest.

5. Court process for ordering sale or partition

After filing, the court will follow Wyoming civil procedure for notice, pleading, and hearing. Common steps include:

Service of process on all owners, including service on guardians for minors.
Valuation: the court may order an appraisal or require evidence of the property’s value.
If partition in kind is impractical or would impair value, the court may order a sale. The court often appoints a commissioner or referee to sell the property at public auction or by private sale subject to court approval.
After sale, the court supervises distribution: costs, liens, and each owner’s share (including amounts for minors) are determined.

6. Handling sale proceeds for minors

Proceeds representing a minor’s share will not usually be paid directly to the minor. Instead, the court will do one or more of the following:

Direct that the minor’s proceeds be paid to a guardian of the estate or a conservator appointed under Wyoming law.
Order that funds be deposited into a blocked account or guardianship fund at a financial institution until the minor reaches the age of majority or as otherwise ordered by the court.
Require the guardian or conservator to file accountings with the court and obtain court approval for investments or expenditures of the minor’s funds.

7. If property is part of probate estate

If the property is part of a decedent’s probate estate, the personal representative named in the will (or the administrator appointed by the probate court if there is no will) may petition the probate court for authority to sell estate real property. The probate court will require notice to heirs, and if minors are beneficiaries the same protective steps apply: appointment of a guardian of the minor’s estate or blocking of funds. The probate route may be faster if a personal representative is already authorized to act.

8. Practical steps to prepare

Gather title documents, the decedent’s will (if any), deeds, tax records, loan/mortgage information, and contact info for all heirs.
Talk with the county district court clerk where the property sits to get local filing requirements and forms for partition or for probate petitions.
Consult a Wyoming attorney experienced in probate, guardianship, or real property litigation. Even a short consultation helps clarify the best route (probate sale vs. partition action) and steps to protect minors’ shares.
Obtain at least one professional appraisal so the court has fair market value evidence if needed.

Where to look in Wyoming law and government resources

Wyoming’s statutes and court rules govern partition actions, probate, and guardianship procedures. Helpful official resources:

Wyoming Legislature (statutes and legislative information): https://wyoleg.gov
Wyoming Judiciary / Courts (info on probate and court procedures): https://www.courts.state.wy.us

Because statutes and local court practices change, you can request the exact statutory citations and local rules from the district court clerk or your attorney. The court clerk can also tell you local filing fees and whether the county has standard forms for partition or probate petitions involving minors.

Helpful Hints

Do not sign away a minor’s interest. A parent or adult should not attempt to transfer a minor’s share without court approval.
Get counsel or at least a consultation with a Wyoming probate/real estate attorney — especially where minors are involved, because the court will review transactions closely.
If you believe a sale is needed, get an independent appraisal first so your petition has fair-market-value support.
Expect extra steps and time when minors are involved: guardian ad litem appointment, possible guardianship proceedings, and court-supervised accounting for funds.
Keep careful records of all notices, filings, receipts, and accountings—courts require transparency when minors’ money is at stake.
Consider mediation among heirs before filing a lawsuit; a voluntary sale and agreed distribution with court approval is often faster and cheaper.
Ask the court whether it prefers sale by public auction or private sale subject to court confirmation — procedures differ by county and judge.
Be aware of liens, mortgages, taxes, and homestead claims before asking for a sale; those priorities affect the net proceeds available to heirs.

Summary

When some heirs are minors, filing a partition action or petition to sell inherited real estate in Wyoming requires naming all owners, ensuring the minors have court-appointed protection (guardian, guardian ad litem, or conservator), and obtaining court supervision for any sale and distribution of proceeds. If the property is still in probate, the personal representative may be able to petition for sale through the probate process. Always confirm local rules with the county district court clerk and consider consulting a Wyoming attorney to protect the minors’ interests and streamline the process.

Disclaimer: This article provides general information about Wyoming procedures and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation involving minor heirs and inherited real estate, consult a licensed Wyoming attorney or contact the district court clerk in the county where the property is located.