Short answer

You can ask a Connecticut court to appoint a guardian ad litem (GAL) to represent the interests of minor heirs before selling inherited real estate. Which court to ask and the exact procedure depend on how the property is held and whether estate administration is in probate or a different court proceeding. The court’s primary role is to protect the minors’ legal and financial interests before any sale or distribution.

Disclaimer

This article is educational only and is not legal advice. It does not create an attorney-client relationship. For guidance specific to your situation, consult a licensed Connecticut lawyer or contact the probate court handling the estate.

Detailed answer — how this works in Connecticut

Which court has authority?

Most sales of property that is part of a decedent’s probate estate are handled through the Connecticut Probate Court where the estate is being administered. If there is litigation over title, partition, or the sale, the Connecticut Superior Court may also become involved. The Probate Court often supervises sales of estate assets and protects minors who are beneficiaries. If the matter is in Superior Court (for example, a partition or quiet-title action), that court can also appoint a GAL for minors involved in the dispute.

Who may ask for a guardian ad litem?

Any interested party may ask the court to appoint a GAL: the estate fiduciary (executor or administrator), a spouse or guardian of the minor, an attorney for the estate, or another interested person. In contested matters, the judge or the court itself may appoint a GAL on its own motion if it believes the minor’s interests need independent representation.

When should you ask for a GAL?

Before approving a sale of estate real estate when one or more beneficiaries are minors.
When the proposed sale terms (price, timing, or distribution) could affect a minor’s share or future rights.
When minors’ interests might conflict with the interests of the estate fiduciary or other beneficiaries.

What to include in a petition to the court

When you petition the Probate Court (or ask the Superior Court in a litigated matter) to appoint a GAL or to authorize a sale, include clear, organized documents and facts:

Estate information: decedent’s name, probate docket number (if open), and the fiduciary’s name.
Identification of minors: names, ages, and relationship to the decedent.
Nature of the property: legal description, current value or appraisal, and whether the property is encumbered.
Proposed transaction: purchase contract (if any), proposed sale price, and any contingencies.
Reasons why a GAL is needed: potential conflict of interest, complexity, or concerns about fair market value or distribution.
Proposed protections for minors: bond, escrow, appointment of guardian of the estate, or structured distribution of proceeds.

What can the court do?

The court has broad discretion to protect minors’ interests. Possible actions include:

Appointing a guardian ad litem to represent the minor’s best interests in the sale process or related litigation.
Appointing a guardian of the estate (if a guardian is needed to handle the minor’s share of proceeds).
Ordering that sale proceeds attributable to minors be held in court or invested until the minors reach majority.
Requiring a bond, escrow, or additional safeguards before the sale is approved.
Scheduling a hearing to evaluate whether the sale is fair and in the minors’ best interests.

Timing and practical effects

Requesting a GAL (and related court approval) can add time and cost to selling inherited land. Probate courts generally require notice and a hearing when minor beneficiaries are affected. The court’s concern is the protection of a minor’s long-term economic interest, so expect scrutiny of sale price, distribution plan, and the proposed use of proceeds.

Example (hypothetical)

Suppose an estate fiduciary has a buyer ready for a parcel of land that will be split among three heirs, one of whom is a 12-year-old. The fiduciary should petition the Probate Court to approve the sale and ask the court to appoint a GAL for the 12-year-old. The fiduciary should submit an appraisal, the proposed purchase agreement, and a plan for holding the minor’s share. The court may appoint a GAL, hold a hearing, and either approve the sale with protections for the minor’s share or require alternative steps (for example, sale subject to escrow or appointment of a guardian of the estate).

When the Superior Court is involved

If the matter arises in Superior Court (e.g., concurrent litigation, partition action, or dispute about title), that court may appoint a GAL under its rules and supervise any sale ordered as part of the litigation. If you are in Superior Court, the judge may require counsel and a GAL to ensure the minor’s interest is protected.

Costs and who pays

Courts may authorize estate funds to pay reasonable GAL fees or counsel for minors. The court will consider whether the cost is reasonable relative to the value of the minor’s interest and may require itemized bills or approval of counsel selection.

When to get an attorney

If you are the estate fiduciary or a family member facing a proposed sale that affects minor heirs, consult a Connecticut probate or estate attorney early. An attorney can prepare the petition, suggest protections to propose to the court, and help coordinate appraisal and valuation evidence. If there is a dispute or expected litigation, talk to counsel experienced with both probate and Superior Court practice.

Helpful Hints

Start at the right court: if the estate is open in Probate Court, file the petition there; if there is a partition or title dispute in Superior Court, ask that court for a GAL.
Provide clear valuation evidence: an independent appraisal makes it easier to convince the court the sale is fair.
Propose concrete protections: escrow agreements, court-ordered investment of proceeds, or appointment of a guardian of the estate help the court approve a sale.
Be transparent about conflicts: if a buyer is related to the fiduciary or any beneficiary, disclose that to avoid later challenges.
Expect hearings and notice requirements: allow time for the court to schedule a hearing and for the GAL to investigate and report.
Ask the court to authorize payment of reasonable GAL fees from estate funds if the GAL’s work will benefit the estate or the minor beneficiaries.
Keep detailed records: court filings, appraisals, correspondence with buyers, and accountings are important if the sale is later reviewed.
Contact the probate court clerk’s office for local procedures and forms; each probate district may have its own filing preferences.

For general Connecticut statutes and Probate Court information, consult the Connecticut General Assembly and the Connecticut Judicial Branch websites or speak with a probate attorney for a specific plan tailored to your facts.