Can a court appoint a guardian ad litem for minor heirs before the estate sells inherited land?

Short answer: Yes. In New York Surrogate’s Court proceedings that affect a minor’s interest in estate property, the court commonly appoints a guardian ad litem (GAL) to protect the minor heirs before approving the sale of inherited land. The court will appoint a GAL when a minor has no suitable guardian or when existing guardians have a conflict. See New York’s Surrogate’s Court Procedure Act for rules on appointment of guardians ad litem: SCPA § 1204.

Detailed answer — what the law allows and how the process works

When an estate includes real property that beneficiaries will inherit, any proposed sale of that property usually requires Surrogate’s Court approval. If beneficiaries include minors (infants), the court must ensure their legal interests are protected before it authorizes a sale, distribution, or other transaction that affects their share.

Under New York law, the Surrogate’s Court will appoint a guardian ad litem to represent the interests of infants or other incapacitated persons in proceedings affecting those interests. The controlling provisions on appointment are in the Surrogate’s Court Procedure Act (SCPA). For the statutory authority on appointing guardians ad litem in Surrogate’s Court, see SCPA § 1204: https://www.nysenate.gov/legislation/laws/SCPA/1204.

Key practical points under New York practice:

The GAL is typically an attorney appointed by the court to advocate for the minor’s best interests. The GAL is independent of the personal representative (executor or administrator) and of guardians who are parents, when a conflict exists.
If a parent is the guardian of the minor and has no conflicting interest, the court may accept the parent’s consent. If the parent stands to gain personally (for example, if the parent is also a beneficiary or the proposed buyer), the court is likely to appoint an independent GAL.
The petition to sell estate real property should identify any minor heirs, explain why sale is necessary or desirable, provide valuation and sale terms, and request appointment of a GAL where appropriate.
Once appointed, the GAL reviews the proposed sale, may obtain an independent appraisal, advise the court whether the sale is in the minor’s best interest, and often appears at the court hearing. The GAL protects the minor by negotiating sale terms, objecting if necessary, and recommending conditions (e.g., sale price, escrow, protections for proceeds).
The court will not generally approve a sale that is unfavorable to a minor’s interest without adequate justification and protections. The court may require bond, escrow of proceeds, restricted distribution, or other safeguards for the minor’s share.

Typical steps to request a guardian ad litem before selling inherited land

File a petition in Surrogate’s Court seeking approval of the sale of the estate property. Clearly name minor heirs and state their relationship and ages.
In that petition, request appointment of a guardian ad litem for any minor heirs (or note why an existing guardian should suffice).
Provide valuation evidence (appraisal or comparable sales), reason for sale (e.g., to pay debts or equalize distributions), and proposed sale terms.
Serve required notice to interested parties and minors per Surrogate’s Court rules.
The court may appoint a GAL, set a hearing, and review the GAL’s recommendations before approving the sale and any distribution of proceeds.

What the court considers when deciding whether to appoint a GAL or approve a sale

Whether a minor already has a legally appointed guardian and whether that guardian’s interests conflict with the minor’s interests.
Whether the proposed sale is fair market value and reasonably necessary (to pay estate debts, taxes, administration expenses, or to permit practical distribution of proceeds).
Whether adequate safeguards exist to protect the minor’s share (bond, escrow, restricted account, conservatorship if needed).
The GAL’s independent assessment and recommendations about the sale terms and protections for the minor.

Timing, cost, and practical effects

Appointing a GAL and completing a court-approved sale can add time and cost to estate administration. The GAL’s fees and reasonable expenses are typically paid from estate assets. Expect several weeks to a few months extra, depending on complexity, appraisal timing, and court scheduling.

When a court appointment is not necessary

If the minor’s interest is small and the will or trust gives the executor or trustee clear authority to sell without court supervision, a court GAL may not be required. (Trust matters follow trust terms and Article 7 of EPTL if relevant.)
If a guardian of the minor is already legally appointed (for example, a court-appointed guardian of the person and property) and there is no conflict, the court may accept that guardian’s representation rather than appointing a separate GAL.

Statutes and court rules to review

Primary statutory guidance for appointing guardians ad litem in Surrogate’s Court is in the Surrogate’s Court Procedure Act. See:

SCPA § 1204 (appointment of guardian ad litem for infants and incompetents): https://www.nysenate.gov/legislation/laws/SCPA/1204

Helpful hints

Start early: identify any minor heirs before listing or entering into a sale contract so the petition can request a GAL appointment up front.
Provide appraisals and a clear explanation for the sale in your petition—courts are more likely to approve sales supported by objective valuation and a demonstrable need.
Expect the court to require protections for minor proceeds—be prepared to propose escrow, restricted accounts, or bonds.
Remember GAL fees typically come from the estate. Factor that into your budget for administration costs.
If a parent is acting as guardian and there’s no conflict, the court may accept the parent’s consent—but be ready to show why that is in the child’s best interest.
Consider alternatives: if heirs own the land as tenants in common, a partition action (Supreme Court) may be required instead of a Surrogate’s Court sale of estate property.
Consult a Surrogate’s Court clerk’s office or an attorney early to learn local filing requirements and typical timelines for hearings and GAL appointments.

Disclaimer: This article explains general principles of New York estate practice and the role of guardians ad litem. It is not legal advice. For guidance about a specific situation, consult a licensed New York attorney who can review your facts and advise you on court filings and strategy.