Quick answer

Yes — under Georgia law you can ask the court to appoint a guardian ad litem (GAL) to protect minor heirs’ interests before selling inherited real property. In practice, the appointment is usually made in the probate proceeding handling the decedent’s estate (or in the specific court that has jurisdiction over the sale). The court will appoint a GAL when it believes the minors need independent representation to protect their property or money from the sale. This article explains what a GAL does, when to request one, how to make the request in Georgia, what the court will consider, and practical next steps.

Disclaimer: This is general information, not legal advice. Consult a licensed Georgia attorney to evaluate your specific situation.

What is a guardian ad litem and why ask for one?

A guardian ad litem is a person the court appoints to represent the best interests of a minor (or other legally disabled person) in a particular case or transaction. For sales of inherited land, a GAL’s role is limited to ensuring the minor’s interests are protected during the sale process — for example, that the sale price is fair, that the minor’s share of proceeds is handled properly, and that any agreements serve the child’s best interests.

Courts appoint a GAL when a potential conflict exists (for example, a personal representative or co‑heir wants to sell property and minors may be disadvantaged), when the minor lacks a guardian of the property, or when the court wants independent factual information or an advocate for the child’s interests.

Which Georgia court handles the request?

Most estate matters — including approval of sales of decedents’ property and protection of minor heirs — are handled in probate court in the county where the decedent lived. If the probate court lacks jurisdiction for a particular matter, the matter may be in superior court. You should start with the probate court handling the estate administration. For general information about Georgia courts, see the Georgia Courts site: https://georgiacourts.gov/.

Relevant Georgia law (where to look)

Matters involving estates, sales of estate property, and appointment of persons to represent minors arise under the Official Code of Georgia Annotated (O.C.G.A.). The Georgia General Assembly’s website lets you search the code and view the statutes that govern probate matters and guardianship issues: https://www.legis.ga.gov/. If your case involves a probate administration, look through the probate sections of the O.C.G.A. and the local probate court rules for procedures on petitions, notice, and hearings.

Step-by-step: How to request a GAL in Georgia before selling inherited land

1. Confirm where the estate is being administered. Find the probate court handling the decedent’s estate (usually the county where the decedent lived). The petition to appoint a GAL is typically filed in that court or in the court overseeing the proposed sale.
2. Prepare a petition or motion. The petition should state who the minor heirs are, why they need independent representation (conflict, lack of guardian, complexity of sale, potential for inadequate price, etc.), and the relief requested (appointment of a GAL for the minor heirs for the sale). Attach any supporting documents, such as the proposed sale contract, appraisal, or letters testamentary/letters of administration.
3. Propose a GAL (optional). You may suggest a qualified person (often a lawyer experienced in probate/guardian ad litem work) and propose compensation. The court is not bound to accept your recommendation but may appoint your proposed person if qualified.
4. Provide required notice. Serve notice of the petition and hearing to all interested parties: all heirs, personal representative/administrator, devisees, and any person with an interest in the estate. Georgia probate rules require notice to interested parties so they can be heard.
5. Attend the hearing. At the hearing, the court will consider the petition, any objections, the proposed GAL’s qualifications, and whether appointment is in the minor’s best interest. The court may ask for an appraisal or additional factual information related to the sale.
6. If appointed, the GAL acts and reports to the court. The GAL may investigate the sale terms, advise the court whether the minor’s interests are protected, negotiate protections (e.g., sale confirmation requirements, escrow of proceeds, bond or restricted account for the minor’s share), and file reports or recommendations. The GAL’s duty is to the minor’s best interests, not to any adult beneficiary.
7. Court approval of sale. Even with a GAL, many probate courts require a petition to confirm the sale or to authorize sale of estate real property. Expect the court to review the sale price, the marketing process, appraisal, and terms before approving the sale that affects minor heirs.

Practical protections the court or GAL may require

• Independent appraisal or multiple appraisals to ensure fair market value.
• Full disclosure of any related‑party transactions (sales to relatives or to the personal representative) and heightened scrutiny of those deals.
• Escrow or court registry deposit of the minor’s portion of proceeds until the minor reaches 18 or until a guardian of the property is appointed.
• Bond or fiduciary safeguards to protect the minor’s share.
• Restrictions or confirmations on the sale — e.g., court confirmation required before closing.

Timing and costs

Filing for a GAL and conducting the related hearing adds time and expense to the estate administration and sale. GALs are typically paid from estate funds or by court order; reasonable compensation is allowed. The court will balance protection of the minor’s interests against delays or extra cost to the estate.

Questions to ask a potential attorney or GAL

• Have you acted as a guardian ad litem in Georgia probate or estate sales before?
• How will you evaluate whether the sale is fair to the minor heirs?
• What steps will you recommend to protect the minor’s share of proceeds?
• How do you charge for GAL work and how will your fees be paid?
• What timeline should I expect for petitioning for a GAL and for final court approval of a sale?

Helpful hints

• Start early: if a sale is likely, move promptly to petition for a GAL so the court can address the minor’s protection before the sale closes.
• Use independent appraisals and document the marketing process when selling estate real property to avoid later objections.
• Keep records of communications about the sale with all interested parties and the GAL’s reports to the court.
• Expect the court to prioritize the minor’s best interest. If the proposed sale benefits an adult related party, be prepared for closer scrutiny or rejection unless additional protections are added.
• Consult a Georgia probate attorney for drafting the petition and navigating local practice rules; probate procedures vary by county.

Where to get more information or help in Georgia

Begin with the probate court in the county handling the estate. For general information about Georgia courts: https://georgiacourts.gov/. To review Georgia statutes and search the Official Code of Georgia Annotated, visit the Georgia General Assembly site: https://www.legis.ga.gov/. For legal representation, consult a licensed Georgia attorney experienced in probate and guardianship matters.