Detailed answer — what you should know under Alabama law

This is an overview for people with no legal background. It explains the typical steps and legal concepts you will encounter when asking an Alabama court to appoint a guardian ad litem (GAL) for minor heirs before selling inherited land.

Why a court may appoint a guardian ad litem

A guardian ad litem is a court-appointed representative who looks out for the legal interests of a minor in a specific court action. When real property that belongs (in whole or in part) to a minor is to be sold, Alabama probate courts focus on protecting the minor’s property and money. If a minor lacks a parent available or if the court thinks extra protection is needed, the court can appoint a GAL to represent the minor in that proceeding.

When appointment usually happens

• If a decedent’s estate includes real property and some heirs are minors, the personal representative or an interested person (such as a co-heir) often petitions the probate court to approve a sale.
• If the probate petition seeks court authority to sell, partition, or otherwise dispose of land that will affect minor heirs’ interests, the court will often require appointment of a GAL or a guardian of the minor’s estate to represent the minor during the sale and distribution process.

Who can ask for a guardian ad litem?

Typical petitioners are the personal representative/executor of the estate, an heir or co-owner, or any interested party. The probate court itself may also appoint a GAL on its own motion when it detects a need for added protection.

Difference between guardian ad litem and guardian of the estate

• Guardian ad litem: Appointed for the litigation only. The GAL represents the minor’s legal interests in the court action (for example, to review a proposed sale) and may make recommendations to the court.
• Guardian of the estate (guardian/conservator): A longer-term fiduciary appointed to manage a minor’s property and money. If proceeds from a sale will be held for the minor for an extended period, the court frequently appoints a guardian of the estate to manage funds until the minor reaches majority or until the court orders otherwise.

What the court evaluates before approving a sale

1. Whether the sale is necessary or advisable for the estate or co-owners.
2. Whether the sale price is fair — courts commonly require an appraisal or evidence of fair market value.
3. Whether adequate notice was given to all interested parties, including minor heirs.
4. Whether protections are in place for the minor’s funds (e.g., appointment of a guardian of the estate, court-ordered deposit with the court, or other secure handling).
5. Whether the sale terms (e.g., to related parties, sale at auction, or private sale) are reasonable and free from conflicts.

Typical procedural steps to request appointment and sale approval

1. File a petition in the county probate court handling the estate or partition action requesting approval to sell the property and asking for appointment of a GAL or guardian for any minor heirs.
2. Provide notice to all heirs, creditors, and interested parties per probate notice rules.
3. The court may schedule a hearing. The court could appoint a GAL before that hearing or at the hearing once the need is clear.
4. The GAL investigates the minor’s interests, reviews appraisals or sale terms, and makes a recommendation to the court whether the sale is in the minor’s best interest.
5. If the court approves the sale, it may issue an order that appoints a guardian of the estate to manage sale proceeds or directs how the funds are to be handled (e.g., invested, bonded, deposited with the court).

What happens to sale proceeds for minors?

Proceeds paid for a minor’s share are typically held for the minor until they reach the age of majority or until the court authorizes distribution. The court often requires a bond, court approval of investments, or deposit into a secure account. If a guardian of the estate is appointed, that guardian has a fiduciary duty to manage the funds for the minor’s benefit.

Forms of protection courts may order

• Appointment of a guardian ad litem to represent the minor in the sale proceedings.
• Appointment of a guardian of the estate to receive and manage sale proceeds.
• Requirements for an independent appraisal and competitive sale process.
• Bonds or other security for guardians handling money.
• Court confirmation of the sale after the fact (common in dealings with minor property).

Where to find Alabama law and rules

Alabama’s probate and guardianship procedures are governed by state statutes and local probate court practice. For the Code of Alabama and to locate specific guardianship or probate statutes, consult the official Code of Alabama resources: Code of Alabama (1975) — Table of Contents. Your county probate court’s website or the Alabama Administrative Office of Courts can also provide local practice information.

Practical example (hypothetical)

Suppose a parent dies owning farmland. The decedent’s two adult children and one 10-year-old child inherit equal shares. To avoid costly co-ownership, the adult heirs want to sell the tract and split proceeds. The personal representative petitions the probate court to approve a sale and asks the court to appoint a guardian ad litem for the 10-year-old. The court appoints a GAL, orders an appraisal, holds a hearing, and — after finding the sale price fair and placing proceeds into a protected account under a court-appointed guardian of the estate — approves the sale. The court’s steps ensure the minor receives fair value and that proceeds are managed safely until the minor turns 19 (or the age set by Alabama law for majority).

Helpful hints

• Start early: If a sale may be needed, ask the probate court about appointment of a GAL before listing or signing sale paperwork.
• Get an appraisal: Courts often expect an independent appraisal or evidence of market value when a minor’s interest is involved.
• Provide full notice: Follow probate notice rules carefully so no interested party is left out; failing to give proper notice can delay or void court actions.
• Expect court oversight of proceeds: Plan for how sale proceeds will be handled and who will manage them — the court may require a guardian of the estate or deposit with the court.
• Document everything: Keep copies of petitions, notices, appraisals, and court orders to show the court acted to protect the minor’s interest.
• Ask the probate clerk for local practice: Procedures and forms can vary by county. The probate clerk can often explain filing steps, fees, and hearing scheduling.
• Consider counsel: If the situation involves multiple heirs, a large estate, or a sale to a related party, counsel can help present the best evidence to the court that the sale is fair to the minor.

Where to get more information

Visit your county probate court’s website or the state legislature’s official code site for statutory language and local forms: Code of Alabama (1975) — Table of Contents. For procedural questions, contact the probate court clerk in the county where the property is located.