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

Short answer: Yes — in Maryland you can ask the probate/Orphans’ Court to appoint a guardian ad litem (GAL) to represent minor heirs before the estate’s real property is sold. The court commonly requires a GAL or other court-appointed representative when minors have an interest in the estate or when the proposed sale may affect their rights. This protects the minor’s legal and financial interests and helps ensure any sale is fair and approved by the court.

Detailed answer — how this works in Maryland

When someone dies leaving real property that will pass to minor heirs, the person handling the estate (personal representative, administrator, or executor) must follow Maryland probate procedures and get court approval for certain transactions. Maryland’s Orphans’ Court system oversees probate administration and protects the interests of minors who are heirs or beneficiaries. For an impartial explanation of the Orphans’ Court’s role, see the Maryland Courts Orphans’ Court page: https://www.mdcourts.gov/orphanscourt.

Key points:

When a GAL is typically involved. If heirs are under 18 (minors) and the estate includes real property or money that will fund the distribution, the court often appoints a guardian ad litem or requires a guardian of the property to represent the minor’s interests before approving a sale. Courts do this to make sure the minor will not be harmed by an improvident sale.
Who can request a GAL. The personal representative, a surviving parent, a relative, or any interested party can ask the Orphans’ Court (or file a petition in the appropriate probate forum) to appoint a GAL. The court can also appoint a GAL on its own motion if it believes a minor’s interests are at risk.
Role of the GAL. A guardian ad litem is usually an attorney appointed by the court to investigate the facts, advise the court about the minor’s best interests, and either consent to or object to the proposed sale. The GAL does not act as the minor’s permanent guardian; the GAL’s role is limited to the litigation or transaction at hand.
Court approval of the sale. Even with a GAL, most sales of estate real property must be submitted to the court for approval. The court will review the sale price, terms, appraisal or comparable market data, and any objections. If the GAL approves the sale as fair and in the minor’s best interest, the court is much more likely to approve it.

Typical procedure and timeline

File a petition in the Orphans’ Court (or the probate division handling the estate) requesting appointment of a guardian ad litem for the named minor heirs. The petition should describe the estate, the property proposed for sale, the proposed terms (price, buyer, contingencies), and why a GAL is needed.
The court reviews the petition and usually issues an order appointing a GAL. The court may require notice to interested parties (parents, other heirs, creditors).
The GAL investigates: obtains appraisal or market analysis, reviews sale terms, may interview parents or the personal representative, and files a written report or appears in court with recommendations.
The court holds a hearing if there are objections or if the court deems a hearing necessary; otherwise the court may approve the sale based on filings and the GAL’s report.
If the court approves, the sale can proceed. The court’s order will usually direct how sale proceeds for the minor are to be handled (e.g., held in court, placed under a guardianship of property, or invested under court supervision).

What the court will look at

Court considerations typically include:

Whether the sale price is fair based on an appraisal or comparable sales.
Whether the terms are reasonable (repairs, closing timeline, contingencies).
How the proceeds for the minor will be protected after sale (bond, guardianship, court registry).
The GAL’s independent assessment of whether the sale is in the minor’s best interest.

Costs and practical concerns

Expect additional time and expense when a GAL is appointed. The GAL is typically an attorney and will charge fees for investigation, filings, and appearances. The court may order that the estate pay reasonable GAL fees. Because the appointment protects the minor’s future interest, courts will often allow fee payment from estate assets.

When you might not need a GAL

If there are no minor heirs (all beneficiaries are adults).
If the minors are being represented by a court-supervised guardian of the property already and that guardian can consent to the transaction.
If the Orphans’ Court explicitly waives GAL appointment and is satisfied with parental consent and safeguards for the minor’s proceeds. That is rare when a sale is significant.

What to include in a petition asking for appointment of a GAL

Case caption and estate/probate file number (if already opened).
Names, ages, and addresses of the minor heirs and their parents or guardians.
Description of the real property (address, parcel number) and ownership interest.
Proposed sale terms: asking price, buyer identity (if known), appraisal or broker opinion of value, and contingencies.
Why appointment is necessary to protect the minors (e.g., potential below-market sale, conflict of interest, complex transaction).
Request for specific relief (appointment of GAL, payment of GAL fees from estate, hearing request).

Helpful links and resources

Maryland Courts — Orphans’ Court: https://www.mdcourts.gov/orphanscourt
Maryland Courts — Finding a lawyer or legal help: https://www.mdcourts.gov/legalhelp

Helpful hints

Start early: Ask for the GAL before marketing or finalizing a sale. A late appointment can delay or undo the sale.
Get an independent appraisal or broker’s market analysis to support the sale price when you petition the court.
Provide full disclosure: supply the court and GAL copies of the will, inventory, accountings, and any offers received.
Budget for GAL fees: expect the estate to absorb reasonable costs; seek a court order authorizing payment from estate funds.
Communicate with parents and other heirs: reducing contested issues speeds court review and lowers fees.
Use an attorney experienced in Maryland probate/Orphans’ Court practice—procedural mistakes can delay approval or expose the sale to challenge.

When to contact an attorney

If you are the personal representative or an heir considering a sale and minors are involved, consult a Maryland probate attorney early. An attorney can prepare a proper petition, collect required evidence (appraisals, notices), and represent the estate in hearings so the sale meets the court’s standard of fairness to minor beneficiaries.

Final note and disclaimer

This article explains the general Maryland process for requesting a guardian ad litem for minor heirs when selling inherited land. It is informational only and not legal advice. Laws and local practice can vary; consult a Maryland attorney or your local Orphans’ Court clerk for advice specific to your case.