Detailed Answer

Under Minnesota law, a court can appoint a guardian ad litem (GAL) or an attorney ad litem to represent the interests of minor heirs when their rights or property may be affected by a proposed sale of inherited land. Courts use this tool to protect minors when transactions could diminish their share, involve potential conflicts with adult parties (including parents or other heirs), or when a sale requires court approval as part of a probate or related proceeding.

Why a GAL may be needed

When real estate that will pass to minor heirs is sold, the court must ensure the sale is fair and in the minors’ best interests. A GAL represents the minor’s interests in the proceeding and can:

• Investigate the facts and the proposed sale terms.
• Advocate for a higher sale price, different sale terms, or rejection of the sale if it’s not in the minor’s interest.
• Advise the court whether proceeds should be held in a protective account, trust, or otherwise restricted until the minor reaches majority.

When courts typically appoint a GAL

Typical situations include:

• Probate matters where the estate owns land and at least one heir is a minor.
• Partition or quiet-title actions affecting property that will go to minor heirs.
• Sales proposed by a personal representative (executor/administrator) where the minor’s share could be affected and the court must approve the sale.
• When a parent or other adult who manages the minor’s interests has a potential conflict (for example, where the adult is also seeking a larger share or the sale benefits a related party).

How to ask the court for a GAL

1. Open or identify the relevant proceeding. If the estate is already in probate, file a motion in that probate file. If not, a party may start a probate proceeding or a separate civil action (for example, to confirm title or for partition) and include the request for a GAL.
2. File a written petition or motion asking the court to appoint a GAL for the minor heir(s). Explain the minor’s interest in the property, why the appointment is necessary (conflict, complexity, or risk to the minor’s share), and propose a person or request the court to appoint one.
3. Serve the motion on all interested parties (heirs, personal representative, purchasers, parents) per court rules so they can respond.
4. Attend the hearing. The court will consider whether appointment is necessary and who is suitable. Courts often appoint an attorney to serve as GAL where legal analysis is needed.

What the GAL does and what the court may order

Once appointed, the GAL will act to protect the minor’s legal and financial interests in the sale. Typical duties and court orders include:

• Reviewing and negotiating sale terms, purchase agreements, and valuations.
• Reporting to the court with recommendations whether to approve the sale or require different terms.
• Requesting that sale proceeds for minors be placed in a protected account, court-ordered trust, or under a conservatorship until majority. Minnesota law provides mechanisms for holding property for minors, including custodial arrangements; see Minnesota Statutes, Chapter 525 (Uniform Transfers to Minors Act) for custodial transfers and Chapter 524 for probate processes: https://www.revisor.mn.gov/statutes/cite/524 and https://www.revisor.mn.gov/statutes/cite/525.
• Requesting a bond, limiting distributions, or asking the court to require additional protections if the sale proceeds may be misapplied.

Costs, timing, and likely outcomes

Appointment of a GAL adds time and cost. Courts may authorize payment of reasonable GAL fees from estate funds. The court balances delay and expense against the need to protect the minor. If the court finds the sale is fair and the minor adequately protected (for example, by reserved proceeds in a trust), it may approve the sale without unnecessary additional procedures.

Practical example (hypothetical)

Suppose an estate contains farmland to be sold. Two heirs are adults and one heir is a 14-year-old. The adult heirs want the land sold quickly to a family friend at a price below appraised value. A party concerned about the minor’s interest can ask the probate court to appoint a GAL for the 14-year-old. The GAL—often an attorney—will evaluate the proposed sale, negotiate if necessary, and recommend to the court whether the sale protects the minor. The court can require proceeds for the minor be placed in a restricted account or trust until the minor turns 18 (or longer if the court orders).

Where to find the law and court procedure

Key resources:

• Minnesota Statutes, Chapter 524 (probate process and court supervision of estates): https://www.revisor.mn.gov/statutes/cite/524
• Minnesota Statutes, Chapter 525 (Uniform Transfers to Minors Act — options for holding property or proceeds for minors): https://www.revisor.mn.gov/statutes/cite/525
• Minnesota Judicial Branch — probate information and forms: https://www.mncourts.gov/Help-Topics/Probate.aspx

Because procedures and local court practices vary, the probate court clerk or a Minnesota probate attorney can explain the filing steps, typical local forms, and likely timeline in your county.

Helpful Hints

• Start early: ask for a GAL as soon as you see a potential conflict or risk to a minor’s share. Courts prefer prompt resolution.
• Document concerns: show why a minor’s interest may be jeopardized (below-market sale, family conflict, complex title issues).
• Consider alternatives: in some cases a court-approved trust or custodial account under the Uniform Transfers to Minors Act will protect proceeds without a lengthy GAL process.
• Expect costs: the estate often pays GAL fees, but you should account for that in estate accounting and settlement planning.
• Use probate counsel: an attorney experienced in Minnesota probate practice can draft the motion, propose a qualified GAL, and handle hearings to move the process efficiently.
• Check local practice: local probate judges and clerks have preferred procedures and forms; contact the county probate office or review local court rules early.