Guardian ad Litem for Minor Heirs in California: Appointing One Before Selling Inherited Land | California Probate | FastCounsel
Get Matched
CA California Probate

Guardian ad Litem for Minor Heirs in California: Appointing One Before Selling Inherited Land

August 14, 2025 7 min read

Detailed answer

Short answer: Yes — under California law you can ask the court to appoint a guardian ad litem (GAL) to represent the legal interests of minor heirs before selling real estate that they inherit. The court has the power to appoint a GAL in probate and civil proceedings when a minor or person under a disability needs independent representation. A GAL’s role is to protect the minor’s interests during the sale, review the proposed transaction, and advise or appear at court hearings regarding the sale.

Why the court may need to appoint a guardian ad litem

When someone dies owning land, the decedent’s successor (personal representative, administrator, or executor) often must get court approval to transfer or sell real property as part of probate. If one or more heirs are minors, the court must ensure the minor’s interests are adequately protected before allowing the sale and distribution of proceeds. The court will often appoint a guardian ad litem or require other protective steps so the transaction is fair and lawful.

Legal basis

California procedure for appointing a guardian ad litem in civil proceedings (including probate matters that are before the court) appears in the Code of Civil Procedure. For example, the court may appoint a GAL for a minor or a person under disability under California Code of Civil Procedure § 372. See the statute at: Cal. Code Civ. Proc. § 372.

Probate matters (including petitions to sell estate property and distributions to heirs) are governed by the California Probate Code and by local probate rules. The Probate Code sets out the process for probate administration, sale of estate property, and how the court exercises protective oversight over minors’ interests. See the California Probate Code for additional provisions: California Probate Code (Legislature site).

Typical process to request a guardian ad litem before selling inherited land

  1. Open probate or identify administrator/representative: If probate is already open, the personal representative or interested party files the required petition(s) with the probate court. If probate is not open and a petition to open probate is necessary, that is usually the first step.
  2. Disclose minor heirs: When you file the petition to probate or to sell estate property, list all heirs and notify the court and interested parties that one or more heirs are minors (include their names and ages).
  3. File a request or motion for appointment of GAL: Ask the court to appoint a guardian ad litem for any minor heir. In probate matters this request is typically made by the petitioner or by another interested person through a noticed motion or by including the request in the probate petition. The court can also appoint a GAL on its own motion under the rules and statutes.
  4. Court evaluates the need: The judge will consider whether a GAL is necessary to protect the minor’s interests. Factors include whether the minor’s share is significant, whether the sale is to a related party, whether there is a potential conflict of interest, and whether the minor needs independent legal representation.
  5. Appointment and role: If appointed, the GAL (often an attorney) will review the proposed sale, investigate whether the sale price and terms are fair, and appear at the hearing to advocate for the minor’s interests. The GAL can recommend that sale proceeds be placed into a blocked account, that a conservatorship or guardianship be created to manage funds, that the court require a bond or other protections, or that the sale terms be changed.
  6. Court approval of sale: The court will not finalize a sale affecting a minor’s interest until it is satisfied the minor’s interests are protected. The court may require a confirmation hearing, appoint a guardian of the estate for the minor, or order that proceeds be handled under court supervision.

Who can be appointed?

The court typically appoints an attorney or other qualified adult to act as guardian ad litem. The appointee must be able to independently evaluate and represent the minor’s legal interests. The court will consider conflicts of interest and the qualifications of the proposed GAL. In some cases the court appoints a public guardian or a court-appointed attorney.

Practical effects of a GAL appointment on the sale

  • The GAL will review sale paperwork and can object to unfair terms or low sale price.
  • The court may require a hearing specifically to protect the minor’s share.
  • The court may order sale proceeds placed in a blocked account, or require a guardian of the minor’s estate to be appointed to manage funds until the minor reaches majority.
  • The GAL’s fees and any counsel fees for the minor may be paid from the estate, subject to court approval.

When a separate guardianship or conservatorship may be required

If the minor will receive cash or property that requires ongoing management, the court may require a guardianship of the person or estate, or a conservatorship, or order that the money be held in a blocked account. These are separate proceedings with their own requirements and court supervision.

Costs and timing

Requesting a GAL and obtaining court approval adds time and cost to a sale. Expect additional court hearings, filings, and possible fees for a GAL or appointed counsel. The court balances those costs against the need to protect the minor’s legal and financial interests.

When a guardian ad litem may not be necessary

In straightforward situations where the minor’s share is small, where a parent or court-appointed guardian already represents the minor’s interests without conflict, or where state rules allow informal handling, the court may decide a separate GAL is not needed. But the court will make that determination based on the facts.

How to ask the court (practical steps)

  1. Talk with the estate’s attorney or the personal representative. Explain that minor heirs exist and request the court appoint a GAL.
  2. If you represent an interested party, file a noticed motion or supplement the probate petition asking for appointment of a GAL and explain why it is needed.
  3. Provide the court with the minor’s identifying information, the proposed sale documents, and any facts showing potential conflicts or risks to the minor’s share.
  4. Attend the court hearing. The judge may appoint a GAL, order additional protections, or deny the request based on the record.

Key references and resources

When to talk to an attorney

If you are the personal representative, an heir, or another interested person and minors are involved, consult a probate attorney. An attorney can advise whether a GAL is appropriate, prepare the necessary filings, and represent the minor’s interests or coordinate with a court-appointed GAL. Attorneys can also estimate likely costs and timeline for court approval of a sale.

Helpful Hints

  • Identify all heirs early — provide the court with children’s names and ages when opening probate or petitioning to sell.
  • Disclose potential conflicts — if a buyer is related to the personal representative or a guardian, highlight that to the court so it can consider appointing a GAL.
  • Include proposed sale documentation with your request so the GAL and judge can evaluate fairness.
  • Expect extra time — appointment of a GAL and required hearings can add weeks or months to a sale timeline.
  • Ask the court about how proceeds for minors will be held (blocked account, guardianship, etc.) so you can plan for distribution.
  • Keep records of notifications and filings — courts rely on good documentation when reviewing transactions that affect minors.
  • Consider alternative protections — sometimes a court will accept parental consent if there is no conflict, but the court decides based on the circumstances.

Disclaimer: This article provides general information about California law and court procedure. It is not legal advice. For guidance about a specific case, speak with a qualified California probate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.