Why a guardian can’t just sign the deed
A guardianship gives a family member or professional power to manage the property of someone the probate court has found unable to manage it, the ward. That power is supervised. A guardian of the estate can pay bills and manage accounts, but selling real estate requires a separate court proceeding under Chapter 2127 of the Revised Code.
The reason is protection. A house is often the ward’s largest asset, and once it’s sold the ward can’t get it back. The court checks that the sale is needed, the price is fair, and the money is accounted for.
Route 1: a sale by consent under R.C. 2127.012
When the family agrees, the quicker route is a motion to sell by consent. The guardian files the Ohio Supreme Court’s Form 28.0, Motion by Guardian for Real Estate Sale by Consent, under R.C. 2127.012 (the form was last amended August 6, 2026). The requirements, as set out on the form:
- written consents from the ward’s spouse, if any, and from every person who would inherit the property;
- every person signing a consent is an adult, and neither the spouse nor any next of kin is a minor;
- an appraisal no more than two years old. If the inventory value wasn’t set by appraisal, or the appraisal is older, the house must be appraised again;
- a sale price of at least 80% of that appraised value, approved by the court;
- a closing statement filed with the court within 30 days after the sale, unless the court orders otherwise.
The form, the consents, the appraisal and any required bond are filed together, and the judge’s entry on the same form approves or denies the sale and sets bond.
Summit County’s Local Rule 65.1(A) also requires its local form GA 18 for guardian sales by consent. Because the consents come from the ward’s future heirs, the conversation is often sensitive. It helps to share the appraisal and the reason for the sale before asking anyone to sign.
Route 2: a complaint to sell real estate
If consents can’t be obtained, the guardian files a complaint to sell in the court where the guardian was appointed. Chapter 2127 lets the court authorize a sale for reasons that include:
- the ward’s support and care;
- the ward’s education;
- paying the ward’s debts;
- discharging liens on the property;
- when the property is suffering waste, or its value can be better invested.
The ward and anyone with an interest in the house are made parties. Incompetent parties must be served, and their guardians may not waive service. The court can appoint a guardian ad litem to represent the ward’s interests, and Portage County’s Local Rule 65.2 requires one in every guardianship land sale.
In a 2018 Franklin County appeal (2018-Ohio-3941), the magistrate found the sale served the ward’s interests because keeping the house jeopardized her qualification for the Medicaid benefits paying for her care. The same question can come up whenever a ward has moved into a nursing facility and the house sits empty.
What local courts add
Northeast Ohio’s probate courts each layer their own requirements on top of Chapter 2127:
| County | Guardian land sale rule |
|---|---|
| Summit | Local Rule 65.1: preliminary judicial title or title commitment with the complaint; form GA 18 for consent sales. Local Rule 60.1 sets guardianship bond at double the property value |
| Portage | Local Rules 65.1 and 65.2: title exam within 15 days before filing, County Treasurer named, guardian ad litem required; $150 deposit for a guardian’s complaint to sell |
| Medina | A separate guardianship land sale form set, alongside the estate ELS forms |
| Stark | The court’s land sale packet is built around a guardian’s complaint, with a guardian ad litem, evidence of title, appraisal, additional bond, order of sale and confirmation |
The county probate court guides for Summit, Stark, Portage and Medina have the rest of each court’s procedure.
Price, appraisal and confirmation
The court controls the price in both routes. On a consent sale, the 80% floor applies. On a complaint, the court orders an appraisal and confirms the sale only after the guardian reports it. Service on every party, a guardian ad litem’s report and the court’s separate entries mean a complaint usually takes months longer than a consent sale.
An as-is sale can be the right call when the ward’s house has been empty for months, needs major repairs, or is costing the guardianship money every month. The guardian should still be ready to show the court why the price is fair, with an appraisal and, ideally, more than one offer. If the house is in good shape and there is no urgent need for cash, listing it may bring a higher price, and the court will expect the guardian to have considered that.
After the sale
The deed is signed by the guardian, and the sale proceeds go into the guardianship account, not to the family. From there:
- the money is used for the ward’s care under the court’s supervision;
- the guardian accounts for it in the next guardianship account;
- additional bond may be required, because cash is easier to lose than a house;
- the sale can change the ward’s Medicaid eligibility, so coordinate with whoever handles the Medicaid application.
When the ward later dies, the guardianship ends and whatever is left passes through the ward’s estate. If the ward’s spouse or children are making decisions about the house now, our page on selling when a parent moves to assisted living covers the practical side, and the power of attorney guide explains the alternative when the owner can still sign. A guardianship attorney can confirm which route your court expects.
