Can a court appoint a guardian ad litem for minor heirs before selling inherited land?

Short answer: Yes. In Indiana, a probate or circuit court can appoint a guardian ad litem (GAL) or otherwise provide a guardian to protect the legal interests of minor heirs when their inherited real estate is proposed to be sold. The court’s appointment helps ensure the sale is fair, in the minors’ best interests, and that any sale proceeds are handled properly.

Detailed answer — how this works in Indiana

When a decedent’s estate includes real property that will be sold, and some of the heirs are minors, the court has a duty to protect those minors’ interests. Indiana courts commonly use two different tools to do that:

Guardian ad litem (GAL): A GAL is a person the court appoints to represent the minor’s position in a particular proceeding (for example, a petition to sell land). The GAL’s job is limited to the litigation: investigating facts, advising the court what is in the child’s best interest, and advocating for that position during the sale process.
Guardian of the estate (or conservator) for the minor: If the minor will have money or property to manage after the sale, the court may appoint a guardian of the minor’s estate to take custody of the proceeds, manage them prudently, and make permitted expenditures for the minor until they reach majority or as the court orders.

Which appointment the court makes depends on the circumstances. If the only issue is that a proposed sale requires judicial approval (for example, a sale by a personal representative or by an heir acting under a partition/sale), the court often appoints a GAL to represent the minor during the sale hearing. If the sale will create funds for the minor that need ongoing management, the court may also require a guardian of the estate or that the funds be placed in a blocked account or invested under court supervision.

Key steps and points under Indiana practice:

File the appropriate petition in probate or circuit court. The personal representative, administrator, or an interested party files a petition asking the court to authorize the sale. In that petition, you should identify all heirs, indicate which heirs are minors, and ask the court to protect minor interests (by appointing a GAL or guardian of the estate, or by requiring a bond or blocked account).
Request appointment of a GAL or guardian in the petition. Explicitly request that the court appoint a GAL for any minor heirs. You may suggest a particular attorney or ask the court to appoint the county’s GAL or another qualified person. The court has discretion to appoint whomever it finds appropriate.
Notice and hearing. Indiana law requires notice to interested parties before the court approves a sale. The court will schedule a hearing where the GAL (if appointed) can report to the court on the minor’s interests. The court reviews facts such as the sale price, reason for sale, whether the sale is commercially reasonable, and whether the minor’s interests are adequately protected.
Court approval and protections for sale proceeds. If the court approves the sale, it will also decide how the minors’ shares are handled. Common protections include appointment of a guardian of the estate, requiring a surety bond, ordering funds deposited in a blocked/escrow account, or ordering the funds invested under court supervision.

Relevant Indiana resources and law

Indiana law on probate, guardianships, and fiduciary duties is found in the Indiana Code, Title 29 (Probate and Fiduciaries). Courts also follow Indiana’s procedural rules when appointing guardians ad litem and approving sales. For general statutory background, see:

Indiana Code, Title 29 — Probate, Estates and Fiduciaries (statutes governing probate, guardianships, and fiduciary duties).
Indiana Courts Rules and Trial Rules (procedural rules, including court procedures for appointment of guardians/ad litem and representation in civil proceedings).
Indiana Judicial Branch — Probate Information (practical court resources and links to local probate courts and forms).

Typical hypothetical scenario (how a court usually handles this)

Suppose a decedent owned a vacant parcel of land and left the land to three children: two adults and one minor. The adult heirs want to sell the land quickly to cover estate debts. The personal representative petitions the probate court to authorize sale and disbursement. Because one heir is a minor, the court will not simply authorize distribution without protecting the minor’s interest. The court will usually:

Order notice to the minor and the minor’s parent or custodian;
Appoint a guardian ad litem to represent the minor at the sale hearing;
Review the sale terms and make sure the price is fair or the sale process is adequate;
Either appoint a guardian of the minor’s estate to receive and manage that minor’s share, or require that the proceeds be placed in a blocked account or invested under court supervision until the minor reaches majority.

How to ask the court to appoint a guardian ad litem

Follow these practical steps:

File a written petition asking the probate court to authorize the sale and to appoint a GAL for any minor heirs. State facts: who the minors are, why sale is proposed, and why a GAL is needed.
Include an affidavit or supporting evidence that explains why the sale is in the estate’s best interest and how the minors will be protected.
Propose a nominee for GAL if you have a qualified, disinterested person (often an attorney experienced in probate). Alternatively, request the court appoint the county GAL or appoint counsel specially retained to represent the minor.
Serve the petition and hearing notice on all interested parties (including the minor’s parents or legal custodians) in accordance with court rules.
Attend the hearing. The GAL (if appointed) will report and the court will make findings before approving the sale.

Practical considerations and what the court will look for

The court wants evidence that the sale price is fair or that the sale process is commercially reasonable (e.g., appraisal, market analysis, or competitive bidding).
The court will ensure the minor’s share is safeguarded after sale. That may mean appointing a guardian of the estate, requiring a bond, or ordering the proceeds be deposited to the court or placed in a blocked account.
If the proposed buyer is an interested party (an heir or personal representative), the court will apply extra scrutiny and may require independent appraisal or higher standards of fairness.
Costs: appointing a GAL and creating a guardianship or blocked account may add legal and administrative costs that the estate may have to pay.

When a guardian ad litem is not enough — why a guardian of the estate might be required

A GAL represents the minor’s position in the litigation, but the GAL does not manage money long-term. If the sale will generate funds for the minor (rather than leaving the minor with property), the court commonly requires appointment of a guardian of the estate (or orders the funds be managed under court supervision). The guardian of the estate has fiduciary duties to manage the minor’s money and may need to post bond, file inventories, and seek court approval for certain expenditures.

Helpful hints

Include minors’ names and ages in the petition so the court can identify who needs representation.
Attach appraisals or market evidence to show the sale offer is fair.
Ask the court to specify how the minor’s proceeds will be handled (guardian of the estate, blocked account, or bond).
Consider proposing a neutral, experienced attorney as GAL; that can speed appointment and reduce objections.
Expect the court to require proof that the sale is in the minor’s best interests before granting approval.
Budget for GAL and guardianship costs — the estate usually pays reasonable fees, but those fees reduce the net proceeds to heirs.
Talk to the county probate clerk or review local court forms and local rules early — local practice varies across Indiana counties.

Next steps: If you are involved in an estate matter with minor heirs and a proposed sale of land, consider consulting a probate attorney in the county where the probate case is filed. An attorney can help prepare the petition, propose appropriate protections for minors, and represent the estate at the hearing.

Disclaimer: This article explains general Indiana procedures and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Indiana attorney.