Detailed Answer — What Delaware law allows and how the court protects minor heirs

Yes. Under Delaware practice, you can ask a court to appoint a guardian ad litem (GAL) to protect the legal and financial interests of minor heirs before selling inherited real estate. Courts commonly appoint a GAL or other protective representative whenever a proposed transaction—including the sale of inherited land—could affect a minor’s property or financial rights.

Which court handles the request depends on how the property is being administered:

• If the sale is part of an estate administration (by executor or administrator), the Orphans’ Court or the probate forum handling the estate will consider the request. See Delaware Decedents’ Estates law for background: Del. Code Title 12 — Decedents’ Estates.
• If the land is at the center of a civil lawsuit (partition, quiet title, or other equity action), the Superior Court or Court of Chancery may appoint a GAL for the minors involved. For information about the Orphans’ Court process, see: Delaware Courts — Orphans’ Court.

Why a court may appoint a guardian ad litem

Court-appointed representation protects minors from unfair or improvident transactions. Before approving a sale that will affect a minor’s share, a judge may require a GAL or another representative to:

• Investigate whether the sale price and terms are fair.
• Recommend whether the sale should proceed or whether alternatives (e.g., leasing, partition, preserving the asset) are better for the minor.
• Advocate for any protections needed for the minor’s proceeds (e.g., deposit to a blocked account, appointment of a guardian of the estate, or a structured settlement).

Types of representative roles the court might use

• Guardian ad litem (GAL) — an independent person (often an attorney) appointed to investigate and recommend what is in the minor’s best interest for the specific case or transaction.
• Guardian of the estate — a fiduciary appointed to manage the minor’s financial assets after the sale or to hold sale proceeds for the minor until they reach majority or are otherwise appropriately distributed.
• Guardian of the person — typically not relevant to a property sale but may exist separately if the minor needs a personal guardian.

Typical procedural steps to request a GAL for minor heirs

1. Identify the correct court for the sale (Orphans’ Court in probate matters; Superior Court/Chancery in other suits).
2. File a written petition or motion asking the court to appoint a GAL for the minors and to approve the proposed sale (attach the estate inventory, proposed sale contract, and a proposed order).
3. Provide notice of the petition to all interested parties: heirs, beneficiaries, the executor/administrator, and any lienholders.
4. The court may set a hearing. The GAL will investigate and report or appear at the hearing with recommendations.
5. If the court approves the sale, it may impose conditions to protect the minor’s interest (e.g., sale price review, sale proceeds held by a guardian or the court, or appointment of a guardian of the estate subject to bond and accountings).

What the court considers before approving a sale involving minors

Delaware judges weigh several factors, including:

• Whether the sale price and terms are fair and commercially reasonable.
• Whether the sale is necessary or advisable compared to alternatives (e.g., keeping the land until minors reach majority).
• Whether adequate safeguards exist to protect the minor’s proceeds and future interests.
• The recommendation from the GAL or other fiduciary appointed to protect the minors.

Costs, timing, and who pays

Appointment of a GAL or guardian may increase time and cost. Courts often allow the estate to pay reasonable GAL or guardian fees, subject to court approval. Expect additional court filings, notice periods, and at least one hearing. The exact timeline varies by county and court docket.

When you should get help from an attorney

Because probate and property law intersect and courts balance competing interests, consult a Delaware attorney experienced in probate or real estate litigation if:

• The heirs include minors whose shares are substantial.
• The proposed sale might be contested by heirs or creditors.
• The estate lacks clear authority to sell without court approval.

Delaware courts provide procedures for protecting minors’ interests. Start by reviewing the estate’s administration status and the court most likely to hear a petition—often the Orphans’ Court for probate matters: https://courts.delaware.gov/superior/orphans/. For statutory background on decedents’ estates, see: https://delcode.delaware.gov/title12/.

Disclaimer: This article explains general Delaware practice and is not legal advice. Every situation depends on its facts and local court rules. Consult a licensed Delaware attorney before filing motions or selling property that affects minor heirs.

Helpful Hints

• Begin by determining whether the estate administration or a lawsuit controls the sale—different courts use different procedures.
• File a petition and give proper notice to heirs and creditors to avoid later challenges that can undo a sale.
• Expect the court to require an independent investigation (GAL) when minors have a significant stake—increase your timeline and budget accordingly.
• Ask the court to specify how sale proceeds for minors will be held or invested (blocked account, guardian of the estate, or court oversight).
• Keep clear records: appraisal, purchase agreement, disclosure of any conflicts, and the GAL’s report or recommendations.
• If possible, seek consent from all heirs, including by bringing the minor’s representative into negotiations; unanimous consent can simplify or speed approval.
• Use the Orphans’ Court resources and local forms as a starting point: Orphans’ Court information.
• When in doubt, hire counsel experienced in Delaware probate and real estate sales involving minors to prepare petitions and represent you at hearings.