Short answer

Yes — in New Hampshire you can ask the court to appoint a guardian ad litem to protect the legal interests of minor heirs before selling inherited land. The court commonly appoints a GAL when minors have a potential interest in an estate or property sale and when the court believes a neutral advocate is needed to ensure the child’s best interests are represented.

Detailed answer — what happens and why

When a decedent leaves land that passes to multiple heirs and some heirs are minors, the court must protect the minors’ property and financial interests. A guardian ad litem is a person the court appoints to investigate the circumstances and to represent the minor’s position in the particular court proceeding (for example, a petition to sell real estate as part of settling an estate).

When the court is likely to appoint a GAL

• There is an active probate or estate administration matter involving the property.
• Minors have a possible ownership interest or a claim to proceeds from a sale.
• Parents or guardians have a conflict of interest, or their ability to protect the minor’s financial interests is unclear.
• The court needs an independent investigation and recommendation about whether the sale is fair and in the minor’s best interest.

What a guardian ad litem does

A GAL’s duties may include:

• Investigating facts relevant to the child’s interest (title, value, alternatives to sale).
• Reviewing proposed sale terms and advising the court whether the sale is fair.
• Meeting or communicating with the minor if appropriate for the child’s age and maturity.
• Filing a written recommendation and appearing at hearings on behalf of the minor.

What the court can order instead of or in addition to a GAL

• Require court approval of the sale price and terms.
• Order funds from the sale to be held in a blocked account, custodial account, or minor trust until the minor becomes an adult or a guardian/conservator is appointed to manage the money.
• Appoint a conservator or guardian of the estate for the minor to manage proceeds long-term.
• Require a bond or other financial protections for the minor’s share.

Which court handles the request

Matters involving estates, sales of inherited property, and the protection of minor heirs are typically managed through the Probate Division of the New Hampshire court system. For general information about probate and guardianship processes in New Hampshire see the NH Judicial Branch Probate Division: https://www.courts.state.nh.us/court_divisions/probate/. For a searchable copy of New Hampshire statutes, use the RSA index at: https://www.gencourt.state.nh.us/rsa/html/.

How to ask the court to appoint a guardian ad litem — step by step

1. Identify the proper case. If an estate administration or probate matter is already open, file a motion or petition in that matter asking for a GAL to represent the minor heirs for the sale. If no probate case exists, you may need to open a probate matter (for administration, appointment of an executor/administrator, or a petition to sell property) and include the request there.
2. Prepare a written petition or motion. Describe the property, the minors’ relationship to the estate, why a GAL is necessary, and what you are asking the court to do (appoint GAL, set hearing, approve sale terms, hold proceeds, etc.).
3. Attach supporting documents. Include the death certificate (if applicable), will or intestacy information, title or deed showing heirs, any available appraisal or market analysis, and contact info for parents or existing guardians.
4. Serve interested parties. Serve notice on all heirs, parents or guardians of the minors, the personal representative, and any lienholders or interested creditors according to court rules.
5. Attend the hearing. The court will typically schedule a hearing. The GAL candidate may be proposed by a party or appointed from a list. The court will consider the child’s best interests before appointing the GAL.
6. Follow court orders. If the court appoints a GAL, follow any court directives about sale procedures, required approvals, and disposition of proceeds.

Timing and cost

Expect the process to take several weeks to a few months, depending on court schedules and whether a probate case must be opened. A GAL is often paid from estate funds or by a party if the court orders it; the court will address compensation and may require an accounting. The court will balance speed with protecting the minor’s interest.

Practical examples (hypothetical)

Example 1: Two adult heirs and one 10‑year‑old heir. The adults want to sell the family property quickly. The court may appoint a GAL to evaluate whether the sale price is fair and to recommend how the child’s share should be held until adulthood.

Example 2: Parents of a minor heir agree to a sale but also stand to receive part of the proceeds. Because of the potential conflict, the court will likely appoint a GAL to ensure the minor’s share is protected and that any arrangement is fair to the child.

Helpful hints

• Start with the probate clerk: Ask the probate clerk which forms and local procedures the court requires for a GAL request.
• Get a recent appraisal: The court will want evidence that the proposed sale price is reasonable.
• Notify parents or guardians early: Courts expect parties of interest to receive timely notice of petitions affecting minors.
• Consider interim protections: Request that sale proceeds be deposited in a blocked or custodial account until final court approval or until a guardian/conservator is appointed for the minor.
• Be prepared to propose a GAL: Courts sometimes accept a qualified attorney or community professional, but the court will vet and appoint the person it finds appropriate.
• Budget for fees: GALs and court filings cost money; those fees can often be paid from estate funds with court approval.
• Keep records: Maintain copies of notices, filings, appraisals, and accounting of proceeds to simplify court review.