Detailed Answer

Short answer: Yes — when minor beneficiaries hold an interest in property that an estate plans to sell, you can ask the probate court (or other court handling the estate) to appoint a guardian ad litem to protect the minors’ interests. Rhode Island courts routinely appoint guardians ad litem or require court confirmation of a sale that affects minors to ensure the sale is fair and that minors’ proceeds are safeguarded.

Which court handles the request?

Usually the probate court where the decedent’s estate is opened will handle petitions to sell estate property and related requests for guardian ad litem appointments. If the matter is in a different court (for example, a quiet-title or partition action in superior court), that court will act on guardian ad litem requests for any minor parties. For general probate information, see the Rhode Island Judiciary Probate Court pages: https://www.courts.ri.gov/Probate/Pages/default.aspx

Why the court may appoint a guardian ad litem

• Minors cannot protect their legal interests in court by themselves. A guardian ad litem (GAL) is an independent person the court appoints to represent and investigate the minor’s best interests for a particular proceeding — here, the proposed sale and distribution of proceeds.
• The court uses a GAL when a transaction could disadvantage the minor (below-market sale, inadequate appraisal, conflicts among heirs, or where a guardian of the minor’s estate is not already appointed).
• The GAL helps ensure the court has enough information to decide whether to approve the sale and how to handle the minor’s share (e.g., require a trust, bond, or court-supervised guardianship for the funds).

How to ask for a guardian ad litem

1. File a petition in the court handling the estate or real-property matter asking for: (a) permission to sell the property, and (b) appointment of a guardian ad litem for any minor heirs. If you are an executor, personal representative, or another interested party, you may include the request with the sale petition.
2. Attach or be ready to provide supporting documents: death certificate, letters testamentary or administration (if issued), heirship information, the minors’ names and dates of birth, appraisals or listing information for the property, and the proposed sale terms.
3. Give proper notice to all interested persons, including the minor heirs (through their custodian) and their parents or existing guardians. The court will set a hearing date if needed.
4. At the hearing the court will consider whether a GAL is needed, who should serve, and the GAL’s scope (investigate sale terms, appear at hearing, negotiate, etc.).

What a guardian ad litem does in a property-sale matter

The GAL investigates the proposed sale, reviews appraisals or offers, may obtain an independent appraisal or valuation, meets with the minor (when appropriate) and the minor’s family, and advises the court whether the sale appears fair and in the minor’s best interest. The GAL can object to proposed terms and recommend safeguards for the minor’s share. The GAL does not become the minor’s permanent guardian unless the court separately appoints one.

Possible court orders and protections for minors’ proceeds

Depending on circumstances, the court may:

• Approve the sale as proposed;
• Require modifications to sale terms (price, escrow, closing conditions);
• Order that the minor’s share be held in court, placed in a guardianship of the estate, or placed in a blocked account or trust until the minor reaches majority;
• Require a bond, surety, or other financial protection to guard minor’s funds;
• Direct that the GAL’s fees and costs come from the estate prior to distribution.

Who pays the guardian ad litem?

Typically the estate pays reasonable GAL fees as an estate administration expense, subject to the court’s approval. The court may apportion fees differently if parties contest the appointment or if the estate has limited assets.

Timing and practical points

• Ask for a GAL early if sale terms are negotiated before full court involvement. Early appointment reduces the risk a court will later delay or reject the sale because a minor’s interests were not independently reviewed.
• If a guardian of the minor’s person or estate already exists, the court may rely on that guardian instead of appointing a GAL; but the court can still appoint a GAL for the specific litigation if needed.
• Court approval of the sale is often required when the estate includes minor beneficiaries — even if their parents signed consent — because courts independently protect minors from undervalue transactions.

When an attorney can help

An attorney can prepare and file the petition, gather required documents, propose appropriate safeguards for the minor’s funds, and argue for a fair resolution at hearing. If parties disagree about the sale price, an attorney can help present appraisals and evidence supporting a fair market transaction.

For general probate process guidance from Rhode Island courts, see: https://www.courts.ri.gov/Probate/Pages/default.aspx

Helpful Hints

• File the sale petition and GAL request together so the court can consider both at the same time.
• Provide a recent, written appraisal or multiple offers to show the sale price is fair.
• Identify minors clearly: include full names and dates of birth in filings so the court can appoint the right representative.
• Be prepared to recommend a specific GAL or to accept the court’s appointment; many probate courts maintain lists of qualified guardians ad litem or attorneys who serve in that role.
• If the estate is small, ask whether a simpler protective measure (blocked account or court-ordered trust) could avoid the time and expense of a full guardianship or litigation.
• Keep detailed records of offers, communications, appraisal reports, and any steps taken to protect minors’ interests — the court will want to see that trustees and personal representatives acted prudently.
• Remember that GAL fees usually come out of the estate — budget for that when estimating net proceeds for heirs.