Detailed answer — can a court appoint a guardian ad litem for minor heirs before selling inherited land?

Yes. In Montana probate proceedings the court may appoint a guardian ad litem (GAL) or other court‑appointed representative to protect the interests of minors who inherit property, including real estate, before a sale of inherited land takes place. The GAL’s role is to represent the minor’s legal interests in the specific proceedings (for example, to review, approve, or contest a proposed sale) and to make recommendations to the court about what outcome would be in the minor’s best interest.

How this typically happens in practice:

• The personal representative (executor or administrator) or another interested person files a petition in the probate court seeking authority to sell decedent’s real property or seeking instructions from the court about administration of the estate.
• If the estate includes minor heirs, the court will consider whether those minors are adequately represented. If the minors do not have a parent, guardian, or other legally adequate representative to protect the minor’s interest in the sale, or if there is any conflict or uncertainty, the court can appoint a GAL to represent the minor’s interest in that particular action.
• The GAL is usually appointed for the specific case or transaction. The GAL investigates, consults with the minor’s guardian or parents (if any), and makes a recommendation to the court about whether the sale is fair, necessary, and in the minor’s best interest. The court makes the final decision whether to approve the sale and may impose conditions (for example, sale price, escrow terms, or replacement investments for proceeds).

Why a GAL might be needed:

• Minor heirs cannot make binding legal decisions as adults; the court must ensure the transaction does not unfairly harm the minor’s financial interest.
• Parents or other natural guardians may have conflicts of interest (for example, when a parent is buyer or stands to benefit), or there may be no available guardian for the minor.
• The property may be unique or may require court supervision to ensure the minor receives fair value and that proceeds are protected (for example, deposited into a blocked account or managed by a conservator).

Typical duties and powers of a guardian ad litem in this context:

• Investigate the facts and review the proposed sale terms.
• Meet with the minor’s parent(s), guardians, or proposed conservator if applicable.
• File written recommendations or objections with the court and appear at hearings on behalf of the minor.
• Negotiate protections such as bond, escrow conditions, or investment instructions for sale proceeds;
• Advise the court whether a permanent guardian of the minor’s estate or a blocked account should be ordered post‑sale.

How to ask the court to appoint a GAL in Montana

1. File a petition in the probate court handling the decedent’s estate asking the court to appoint a GAL for the minor heirs or include the request in a petition to authorize sale of estate property.
2. Include facts showing the minor’s interest, why current representation is inadequate or conflicted, and the specific relief requested (appointment of a GAL, approval of sale only with protections, appointment of a guardian of estate, etc.).
3. Serve the petition on required parties (usually heirs, personal representative, parents or guardians of the minor, and any interested purchasers or lienholders) and notify the minor’s parent/guardian if one exists.
4. The court will hold a hearing or set the matter for hearing, and then decide whether to appoint a GAL and what duties and compensation to authorize. The court may also require bonds or other safeguards if it approves a sale.

Statutes and official resources

Montana’s statutes and court rules govern probate practice, the protection of minors, and appointment of representatives. You can search and read Montana statutes at the Montana Code Annotated site: https://leg.mt.gov/bills/mca/. Probating an estate, sale of estate property, and court supervision of minors’ interests are generally addressed in Montana’s probate statutes and the rules of the Montana courts. For procedural rules and local court forms, consult the Montana Judicial Branch: https://courts.mt.gov/.

Because wording and procedures can differ depending on the precise facts (whether the estate is being administered formally or informally, whether the sale needs court confirmation, whether a parent or guardian already protects the minor, or whether a conservatorship is necessary), an attorney familiar with Montana probate law can identify the correct statutory citations, draft the petition, and represent the minor’s interests at hearing.

Helpful Hints — Practical steps to protect minor heirs when selling inherited land in Montana

• Ask for a GAL early. If you expect a sale might affect a minor heir, move early in the probate process to request appointment so the court can supervise the transaction.
• Gather documentation: death certificate, will or intestacy information, heir list, property deed, proposed purchase agreement, appraisal, and any communications with interested buyers.
• Disclose conflicts. If a buyer is also an heir, spouse, or caretaker, tell the court. Conflicts make GAL appointment more likely and appropriate.
• Consider alternatives the court may prefer: sale with court confirmation, sale with escrow and court-ordered investment of proceeds, appointment of a guardian of the minor’s estate, or blocked account for proceeds until minor reaches majority.
• Expect the court to require proof of fair value. Bring appraisals, market analyses, and evidence supporting the sale price and terms.
• Know fees can be charged. The GAL and other fiduciaries may receive court-approved fees; account for those costs when evaluating a sale offer.
• Plan for proceeds. If the sale goes through, the court often requires that minors’ shares be protected—through court-ordered investments, blocked accounts, or conservatorship—rather than immediate distribution to the minor.
• Get legal help. Probate rules and local procedures are technical. A probate attorney can file the right petitions, argue for adequate protections, and help the court structure an approved sale that protects the minor’s property interest.