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

Short answer: Yes. In Mississippi, if one or more heirs to real property are minors, the chancery (probate) court generally must appoint a guardian ad litem (GAL) or otherwise provide representation to protect the minor’s interest before the court approves a sale or other transaction that affects the minor’s inheritance.

Detailed answer — what this means and how it works in Mississippi

Why a guardian ad litem is needed: A minor cannot legally represent his or her own interests in most court matters. When property that belongs to or will benefit a minor is proposed to be sold, partitioned, or otherwise disposed of, Mississippi courts take steps to make sure the minor’s property or share is protected. A guardian ad litem is a court-appointed advocate whose job is to investigate, advise the court, and protect the minor’s interests in the pending case.

Which court handles this: Sales of inherited land, disputes over heirs, and probate matters are usually handled by the chancery court in the county where the property or the decedent’s estate is located. Chancery courts supervise transactions that affect minors’ property and have the authority to appoint guardians ad litem.

How the appointment process typically works:

Who can ask for a GAL? The personal representative (executor/administrator), a co‑owner, another heir, or the county chancery clerk can file a petition asking the court to appoint a guardian ad litem for a minor heir. Sometimes the court will act on its own motion if a minor’s rights are implicated.
What the petition should include: basic facts about the estate and the minor’s identity and interest, a description of the property or sale proposed, and a request for appointment of a GAL to represent the minor’s interests.
Notice and hearing: The court will require notice to the minor’s parents or existing legal guardian (if any) and may set a hearing. The court must be satisfied the minor is adequately represented and that any sale or settlement is fair and in the minor’s best interest.
Role and duties of the GAL: investigate facts, review proposed sale terms, meet with the minor (when appropriate), consult experts if needed, and make a recommendation to the court about whether the sale is in the minor’s best interest. The GAL owes a duty to the court and to the minor’s interests.
Court approval of sale: If the estate proposes to sell the minor’s share of land (or the land that will benefit a minor heir), the court will normally require the minor’s GAL to consent or to present evidence so the court can decide whether to approve the sale and the price. The court will often require that proceeds for a minor be held in a supervised account, invested, or otherwise protected until the minor reaches majority or a court orders otherwise.

Relevant Mississippi authority — where to look

Chancery courts handle estate, probate, and matters protecting minors’ property. For information from the Mississippi judicial system, see the Mississippi Courts site: https://courts.ms.gov/
Mississippi statutes governing probate, guardianships, and fiduciaries are published by the Mississippi Legislature. You can search the state code and related statutes here: https://www.legislature.ms.gov/
Mississippi court rules (including civil and chancery rules that address representation of minors in civil actions) are available from the Mississippi Supreme Court and judiciary websites. For local procedure and rule citations, check the state court rules on the Mississippi judicial websites linked above.

Note: Specific statute and rule numbers and the exact procedure can vary with the facts and the county chancery court’s local practice. For example, the court may treat a proposed sale differently if the sale is between family members or is a public auction, or if the sale proceeds are to be used for the minor’s support versus full distribution.

Common scenarios (how the court usually handles them)

Minor inherits property as sole heir: Court will typically appoint a GAL and will not approve a sale without evidence that the sale is fair and necessary.
Minor is one of several heirs: Court will still require representation for the minor; the GAL will review any buyout or partition proposal to make sure the minor’s share is protected.
Administrator or executor seeks to sell estate land while minors are beneficiaries: The personal representative should petition the chancery court for authority to sell and for appointment of a GAL for any minor beneficiaries. The court will supervise proceeds for the minor.

Step-by-step practical guide — what you should expect to do

Identify the proper court: usually the county chancery court where the property or estate is located.
Prepare a petition: request appointment of a guardian ad litem for the minor(s), explain the interest at stake, and ask the court to approve the sale (or to supervise the sale process).
Provide notice: the court will require notice to parents/guardians and often to other interested parties.
Attend the hearing: be prepared to present the proposed sale terms, appraisals, and why the sale is needed or fair to the minor.
If appointed, the GAL investigates and reports: the GAL’s recommendation may include conditions (holding proceeds in blocked accounts, bond, or restrictions on disbursing funds to the minor until majority).
Obtain court approval: the court will approve, modify, or deny the sale based on the record and the GAL’s report.

Helpful hints

Start at the chancery court clerk’s office: they can tell you local filing requirements and whether the county requires specific forms for probate or sales of estate property.
Get an appraisal: the court will want reliable evidence of fair market value before approving a sale of real property that affects minors.
Expect protective conditions: the court commonly requires sale proceeds set aside for minors in a blocked or supervised account, or requires a bond or investment plan to protect the minor’s share.
Consider alternatives: sometimes partition in kind, buyouts by co-owners, or keeping the property (with court-supervised management) better protects a minor’s long-term interest than an immediate sale.
Time and cost: appointment of a GAL and court-supervised sales add time and expense. Allow extra time for hearings and for the GAL’s investigation and report.
Get legal help if complex: when title, family disputes, or large proceeds are involved, speak with a chancery/probate attorney who handles minors’ property and estate sales.
Keep records: preserve appraisals, sale offers, notices, and court orders to show the court followed procedures protecting the minor.

When to speak with an attorney

If the sale involves significant value, contested heirs, potential conflicts of interest (for example, a buyer is also the personal representative or a parent), or complex title problems, consult a Mississippi chancery or probate attorney early. An attorney can draft the petition, advise on evidence the court will want, and help protect the minor’s share.

Where to check official sources

Mississippi Legislature — statutes and code search: https://www.legislature.ms.gov/
Mississippi Courts — information about chancery courts and court rules: https://courts.ms.gov/

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. Laws and procedures change. For advice specific to your situation, contact a licensed Mississippi attorney or the local chancery court clerk.