How long can it take, and how long does it usually take, to obtain court approval to sell a home that is co-owned by a minor? 11 Answers as of June 09, 2013

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Frederick & Frederick PLC | James P Frederick
It depends on where the property is located. I would say anywhere from a three weeks to two months.
Answer Applies to: Michigan
Replied: 6/9/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You should ask the attorney handling this matter for you. If no attorney, then obtain probate counsel to file a petition for guardianship and obtain the appointment of a guardian ad litem to represent the minor. Depending on the staffing of the court these days, figure six months to obtain the court order allowing the sale of the residence and placing those funds in a blocked savings account for the minor as to the minor's share of the proceeds.
Answer Applies to: California
Replied: 6/6/2013
S. Joseph Schramm | Joseph Schramm
Generally speaking, minors lack the legal capacity to be owners of real estate and guardians of their persons and estates are often appointed to manage or to dispose of any property interest they might have. The guardian has to seek the permission of the court to sell or to convey or even abandon the minor's interest and, if reasonable care has been taken to use the proceeds for the benefit of the guardian, the court often grants the guardian permission proceed with the transaction. How long this all takes depends on whether there is a guardian appointed already as well as the nature of the transaction.
Answer Applies to: Pennsylvania
Replied: 6/6/2013
James Law Group
James Law Group | Christine James
It is hard to say - it depends on how the property is held with the minor and what proceedings have taken place thus far. If no guardian is in place, a may take a while unless you have a strong case to present to the court to have a temporary guardian immediately named with authority to sell.
Answer Applies to: California
Replied: 6/6/2013
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
If you are the guardian for the minor, you may need to file a petition requesting court approval of the sale. You will need to provide the court with all relevant documents concerning the sale. The length of time to obtain a court date, depends on the court's calendar. Also, if your petition is deficient in any way, that may cause the matter to be continued from your original court date to a future date. If you are not the guardian for the minor, the minor's guardian will need to file the appropriate petition.
Answer Applies to: California
Replied: 6/6/2013
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    How long it takes to get approval really depends on the guardianship court you are in front of. The court will probably require a hearing on the petition to sell the property and this could take anywhere from 30 to 90 days to get a hearing date and get the judge to sign the order from the time that the petition is actually submitted to the court.
    Answer Applies to: Florida
    Replied: 6/6/2013
    Stephens Gourley & Bywater | David A. Stephens
    If no one objects it would take about one month. If someone objects it could take three or four months.
    Answer Applies to: Nevada
    Replied: 6/6/2013
    Law Offices of Gerald A. Bagazinski
    Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
    It depends on the County and how good your attorney is in anticipating the need for a conservatorship and protective order. I would say 3-6 weeks.
    Answer Applies to: Michigan
    Replied: 6/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need the details, how is the deed written, does the minor have a guardian appointed, is there a court already involved? Ass an attorney with details.
    Answer Applies to: Michigan
    Replied: 6/6/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    They require an appraisal by an appraisor of their choice, so probably at least a few months.
    Answer Applies to: Delaware
    Replied: 6/6/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If the judge handling you case has ex parte days your attorney can see the judge and get the order signed immediately if there is no opposition.
    Answer Applies to: Florida
    Replied: 6/6/2013
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