You are managing someone else's property, and the court is watching.
That is appropriate, and it is also why this takes longer. Court approval is usually required before real estate belonging to a ward can be sold.
Get an offer for the courtWhere your authority comes from
Kentucky guardianship and conservatorship are established through district court after a determination of disability. The order appointing you defines what you can do, and selling real property generally requires specific authorization rather than being covered by general powers.
Read your order and confirm with the attorney handling the guardianship. Acting beyond your authority creates personal exposure and can void a transaction.
The court wants to see that it was fair
Petitions to sell a ward's real property typically require showing the sale is in the ward's best interest and that the price is reasonable. Courts often want an appraisal or independent valuation, and sometimes want to see competing offers.
This is where a written offer with the reasoning attached is more useful than a number on a phone call. We will provide our valuation basis in writing specifically so it can go in front of the court.
Timing around the petition
Between filing, notice to interested parties, a hearing, and entry of an order, this adds weeks or months. A financed buyer generally cannot sit through that without renegotiating.
We can be under contract subject to court approval and wait. If the court declines or modifies the terms, we adjust rather than walking away and leaving you to start over.
Five questions. That is the whole thing.
We already know your situation from this page. Change it if it does not fit.
Question 1 of 5
What people ask about this
Do I always need court approval?
Usually for real property, though it depends on your order and the type of appointment. Ask the attorney handling the guardianship before you commit to anything.
What if the ward objects to selling?
That matters and the court will consider it. This is a legal question, not a sales question, and your attorney should handle it.
How long does the petition take?
It varies by county and docket. Ask your attorney for a realistic range in your court before agreeing to any closing date.
Often it is more than one thing at once
Get an offer for the court.
No cost, no obligation, and nobody shows up at your door unless you ask them to.