Short answer
Yes. Under Florida law you can ask a court to appoint a guardian ad litem (or other court-appointed representative) to protect the legal and financial interests of minor heirs before selling inherited real property. The court decides whether an appointment is necessary and what form of appointment (attorney ad litem, guardian ad litem, or formal guardian of the property) will best protect the minor’s interests.
Detailed answer — how this works in Florida
Legal framework
Two parts of Florida law commonly control these situations:
- Probate and estate administration law — governs how a decedent’s property is collected and sold. See Florida Probate statutes (Chapter 733 et seq.): Florida Statutes, Ch. 733 (Administration of Estates).
- Guardianship law — governs appointment of guardians, including guardian ad litem and guardians of the property for minors or incapacitated persons. See the Florida guardianship chapter: Florida Statutes, Ch. 744 (Guardianship).
Why a court appointment may be necessary
The court may require an independent representative to make sure the sale is fair, that any sale price is reasonable, and that the minor’s share is protected (for example, placed in a blocked account or managed under a guardian’s supervision). The court’s goal is to protect the minor’s legal and financial interests because a minor cannot consent to transactions in the same way an adult can.
Types of court-appointed roles you might see
- Attorney ad litem: A lawyer appointed to represent the minor’s legal interests in a particular proceeding (common in civil and probate matters).
- Guardian ad litem: A person (often an attorney or trained volunteer) appointed to represent the best interests of the minor during litigation.
- Guardian of the property: A formal guardianship under Chapter 744 that gives ongoing authority to manage the minor’s assets (used when a longer-term management structure is needed).
When the court will act
The court is likely to appoint a representative when:
- Minor heirs have a direct interest in the property or sale proceeds.
- The sale requires court approval (for example, a sale by personal representative where the will or lack of authority raises issues, or a sale in a partition action involving minors).
- There is a potential conflict of interest between adults handling the estate and the minor’s interests, or when fairness of the proposed sale is in question.
How to ask the court to appoint a guardian ad litem
- Identify the correct court and case: probate court if the property is part of an estate, or circuit civil court if the matter is a partition or other civil action.
- File a written motion or petition requesting appointment. Explain the minor’s interest, why protection is needed, and propose a person (or request the court appoint an attorney ad litem).
- Provide notice to the parties and follow the court’s local rules. The judge will schedule a hearing if necessary.
- The court will review and either appoint a representative, require further information, or deny the request. If appointed, the court will define scope and fees.
Fees and who pays
Fees for an attorney ad litem or guardian ad litem are usually subject to court approval. The court can charge those fees to the estate, the minor’s share, or order another arrangement depending on fairness and the estate’s ability to pay. Expect the court to review fee requests for reasonableness.
What the court looks for
- Whether the minor has a significant financial interest in the property or proceeds.
- Whether current or proposed transactions create a conflict of interest.
- Whether appointment best protects the minor’s legal rights and financial future.
Alternatives the court may consider
- Requiring sale proceeds for the minor to be placed in a blocked account or invested under a court-approved plan rather than appointing a formal guardian.
- Approving a guardian ad litem solely for the sale hearing rather than a longer-term guardianship.
- Appointing a guardian of the property if ongoing management is needed (a formal guardianship under Chapter 744).
Practical steps to prepare
Collect documents early: the will or intestacy information, inventory of the estate (including the land), appraisals or broker’s opinions, proposed sales agreements, and the minors’ identifying information (age, relationship). That helps the court decide quickly whether an appointment is necessary.
Helpful hints
- Ask whether the personal representative has authority in the will or by statute to sell real property without court confirmation. If not, seek court review before any sale.
- When filing a motion, suggest a qualified attorney (or ask the court to appoint one) and explain the minor’s share and why protection is needed.
- Expect the court to require an accounting or appraisal; bring evidence supporting the sale price and terms.
- If speed is important (e.g., to prevent property damage or loss of value), explain emergency reasons to the court; judges can act quickly when warranted.
- Keep clear records of communications and all offers; courts favor transparency when minor interests are involved.
- Ask how fees will be handled up front. The court often charges fees to the estate or approves payment from the minor’s portion, but practices vary by county and judge.
Next steps
If you are involved in an estate with minor heirs and a proposed sale, contact a Florida probate or guardianship attorney for advice specific to your situation and county. An attorney can prepare the motion, propose an appropriate representative, and guide you through the hearing and approval process.