Detailed answer — how this works under South Carolina law

When a decedent’s estate includes real property and one or more heirs are minors, South Carolina courts step in to protect the minor heirs’ legal and financial interests. There are several related court tools the court may use: appointing a guardian ad litem (GAL) for the minor in a particular proceeding, appointing a guardian of the person or property, requiring a personal representative/executor to obtain court approval for a sale, or appointing a trustee to hold sale proceeds for the minor.

Which court and remedy depends on the case facts:

• If the estate is being administered in probate court (an estate with a personal representative or executor), the probate court commonly supervises sale of estate property and may require appointment of a GAL or guardian to represent a minor’s interests, or require court confirmation of the sale.
• If the property is the subject of a partition action or quiet-title action in circuit court, that court can appoint a GAL for the minor for the purposes of that litigation and any resulting sale.
• Family court may be involved if there are guardianship or custody questions that affect the minor’s rights to property.

Practical powers and protections a court often provides:

• Appointment of a GAL or a lawyer-guardian to investigate the transaction and represent the minor’s interests in the sale.
• Requirement that sale proceeds for minors be deposited in a protective account, trust, or blocked account until a guardian/trustee is appointed or until the minor reaches majority.
• Ordering an independent appraisal, advertising the property for sale, or conducting a public sale to ensure the minor receives fair market value.
• Requiring the purchaser or personal representative to post a bond or obtain court confirmation of the sale so the court can review fairness and necessity of the transaction.

Where to look in South Carolina law and court resources:

• South Carolina’s statutes and code relevant to probate, fiduciary duties, and probate court procedures are contained in the South Carolina Code of Laws. You can start at the Code index: https://www.scstatehouse.gov/code.php.
• The South Carolina Judiciary handles probate and local court rules and provides information about probate courts and guardianship procedures: https://www.sccourts.org/. The probate clerk or circuit court clerk in the county where the decedent lived can explain local practice and the right petition to file.

Typical steps to ask the court to appoint a GAL before a sale:

1. File the right petition — e.g., a probate petition if an estate is open, a petition in the circuit court in a partition/quiet-title matter, or a petition for appointment of a guardian of the property. The probate or circuit court clerk can confirm the correct form or filing procedure.
2. Provide notice to interested parties — typically next of kin, other heirs, any named executor/personal representative, and the minor’s parent or existing guardian.
3. Request appointment of a GAL (or guardian of the property) and explain the reasons — proposed sale, risk of undersale, potential conflicts of interest, or the need to protect minor’s share.
4. The court may hold a hearing. If it appoints a GAL, the court will define the GAL’s duties and may require reports, valuations, or that sale proceeds be held under court supervision.
5. If the court approves a sale, it often includes conditions such as an appraisal, notice and advertisement, competitive bidding, buyer disclosures, and deposit of proceeds into a protected account for the minor.

Who may serve as a guardian ad litem?

The court may appoint an attorney or other qualified adult as GAL. The GAL’s role is limited to representing the minor’s interests in the specific proceeding; it is different from a full guardian of the property or guardian of the person, which have broader, ongoing duties.

What the court considers when deciding whether to appoint a GAL

• Whether a conflict exists between the minor’s interests and those of others (including other heirs or the personal representative).
• Whether the proposed sale is necessary and whether the minor’s share would be protected.
• The complexity of the transaction and the need for independent investigation (appraisals, marketability, tax consequences).

Costs and timing

Expect additional time and attorney/guardian fees. Courts balance protecting the minor against delaying estate administration. The court may allow reasonable GAL fees to be paid from the estate, but that is determined on a case-by-case basis.

Examples of common situations

Example A: A parent dies owning a parcel of land; two adult children and one minor child inherit. The personal representative wants to sell the land quickly to pay debts. An interested heir objects. The probate court can appoint a GAL for the minor to review the proposed sale, require an appraisal, and order sale proceeds to be protected for the minor.

Example B: Siblings own property as tenants in common after a parent’s death. One sibling petitions a circuit court for partition by sale. The court can appoint a GAL for a minor co-owner and require court confirmation of any sale.

When a separate guardianship or trustee is better

For long-term protection of a minor’s funds, the court might appoint a guardian of the property or direct that proceeds be placed in a trust. A GAL protects a minor’s interests within a particular case; a guardian or trustee manages property for the minor over time.

Takeaway: You can and should ask the court to appoint a guardian ad litem (or other fiduciary) when minor heirs are involved in a proposed sale of inherited land — especially if there is any possibility of a conflict, undervalue, or complexity. The court’s role is to ensure the minor’s share and rights are protected.

This article explains general South Carolina procedures and points you to where to look in state resources: South Carolina Code of Laws and the South Carolina Judicial Branch. Local practice and statutory sections applied will vary by county and case type.

Helpful Hints

• Start at the probate or circuit court clerk’s office in the county where the decedent lived — clerks can often tell you what petition to file and what notices are required.
• Gather key documents before filing: the decedent’s will (if any), death certificate, deed, title information, any estate inventory, and contact info for all heirs.
• Get an independent appraisal early. Courts rely on appraisals when considering whether sale price is fair to minor heirs.
• Expect the court to protect minor proceeds — ask whether proceeds will be held in a blocked/interest-bearing account, trust, or under a guardian of the property.
• Be prepared for additional time and cost if a GAL or guardian is appointed; courts may allow reasonable fees to be paid from estate assets.
• If parties agree on a sale, submit the agreement to the court for approval so the court can bless the transaction for the minor’s protection.
• Consider hiring an attorney experienced in South Carolina probate, guardianship, or real property matters to draft petitions and represent the minor’s or estate’s interests.