Short answer

Yes. Under South Dakota law, a court can appoint a guardian ad litem (GAL) or otherwise provide a guardian or representative to protect the interests of minor heirs before a sale of inherited land. The probate or civil court supervising the estate or property sale may require representation for minors, and the court generally must approve any sale that affects a minor’s property interest.

Detailed answer — how this works in South Dakota

What a guardian ad litem (GAL) is: A GAL is a person the court appoints to represent the legal interests of a minor (or another person who cannot adequately represent themselves) in a particular court proceeding. The GAL investigates facts, advises the court about the child’s best interests in the matter at hand, and may appear at hearings to argue for protections for the minor.

When appointment typically occurs: Appointment can occur in probate proceedings where an estate includes real property inherited by minors, in partition actions, or in other civil cases where a sale of property would affect a minor’s interest. If the decedent’s estate is being administered in probate, the probate court has authority to appoint someone to represent minor heirs before approving a sale.

Why the court may appoint a GAL or guardian: Courts protect minors because minors lack full legal capacity to manage or surrender their property rights. A sale of real estate is a major disposition of a minor’s property interest, so the court will often insist on either a GAL to represent the minor in the specific sale proceeding or appointment of a guardian of the minor’s estate (who has ongoing authority to manage property). The appointment helps ensure the sale is fair, the price is adequate, and the proceeds are properly handled for the minor.

Typical procedural steps in South Dakota:

1. Open probate or file the appropriate proceeding: If the property is part of a decedent’s estate, someone (usually a personal representative or heir) starts or continues probate administration in the county where probate is proper.
2. File a petition for sale or a civil action (e.g., partition or quiet title) that asks the court to authorize sale of the land.
3. Request appointment of a guardian ad litem or guardian for minor heirs: The petitioning party (or the court on its own) can request appointment. The court may appoint a GAL to represent the minor’s interests specifically for that proceeding, or it may appoint a guardian of the minor’s estate if continuing management is required.
4. Notice and hearing: The court will require formal notice to interested parties, including the minor’s parents or legal guardians, and will hold a hearing. The GAL will investigate and report or present recommendations to the court.
5. Court approval of sale: If the court finds the sale is fair and in the best interest of the minor(s), it will authorize the sale and set conditions for handling sale proceeds (for example, requiring proceeds be placed in a blocked account, deposited with the court, or managed by a guardian/custodian).

What the court looks for before approving a sale: The court will consider whether the sale price is fair, whether the sale terms protect the minor’s interest, whether independent appraisal or sale by sealed bid is required, whether proceeds will be secured or invested properly, and whether a bond or other safeguards are necessary. The court may require an appraisal or other proof of market value.

Difference between GAL and guardian of estate: A GAL represents the minor in a specific court case and makes recommendations to the court. A guardian of the estate (sometimes called conservator) is appointed to manage the minor’s property on an ongoing basis. If the sale requires ongoing property management or long-term control of proceeds, the court may appoint a guardian of the estate rather than just a GAL.

Where the authority comes from: South Dakota’s probate and guardianship rules govern appointment of guardians, conservators, and the court’s power in probate matters. For general probate and guardianship law, see the South Dakota Codified Laws (Uniform Probate Code and related statutes): https://sdlegislature.gov/Statutes/Codified_Laws/. For court procedure and local probate practices, contact the clerk of the county probate court where the estate or property is located.

Common hypotheticals

Example 1 — Minor heir keeps title but sale is requested: If two adult heirs want to sell inherited farmland and a one-third interest belongs to a 12-year-old, the adults should petition probate court for authorization to sell. The court will likely appoint a GAL or require a guardian of the minor’s estate before approving the sale or will order special safeguards for sale proceeds.

Example 2 — Estate administration requires sale to pay debts: If the estate lacks cash to pay creditors and the only asset is real estate that passes to minor heirs, the personal representative must petition court to sell. The court will make sure the minor’s share is protected by appointing a GAL or guardian and by supervising how sale proceeds are handled.

Practical effects and safeguards

• Court-supervised sale: The court’s involvement means the sale usually must be approved after hearing, and the court may require appraisal, competitive bidding, or other protections.
• Proceeds handling: The court will control or supervise how the minor’s portion of proceeds are kept — often requiring deposit into a blocked account, formal guardianship account, or other protected custody until the minor reaches majority or another court order.
• Bond and accounting: The court may require a bond from a guardian or fiduciary and regular accountings to protect the minor’s assets.

What you should do next

1. Contact the probate court clerk in the county where the decedent’s estate is or where the property is located. Ask how to file a petition to sell property and request a guardian ad litem or guardian for minor heirs.
2. Collect documents the court will want: the death certificate, will (if any), heirship information, property deed, appraisal(s), and any pending creditor claims.
3. Consider hiring a probate attorney. A lawyer can draft the petition, request appropriate protections for minors, and guide you through hearings and transactions.
4. Expect costs and delays. Court approval and appointment processes add time and fees, but they protect minor heirs and reduce the chance of successful later challenges to the sale.

Helpful links

• South Dakota Codified Laws — Statutes and titles: https://sdlegislature.gov/Statutes/Codified_Laws/
• South Dakota Unified Judicial System (general information about courts and forms): https://ujs.sd.gov/

Helpful Hints

• Start in probate court: If the property is part of an estate, the probate court is the right place to start.
• Ask for a GAL early: Request appointment of a guardian ad litem or guardian of the estate as soon as you anticipate a sale involving minor heirs.
• Get an independent appraisal: Courts often require an appraisal to confirm a fair sale price when minors are involved.
• Be prepared for conditions: The court may approve the sale only if proceeds are protected (blocked account, guardian-managed trust, etc.).
• Keep thorough records: The court expects full disclosure and accounting for sale proceeds and distributions for minors.
• Consider alternatives: If selling is complicated, explore options like partition in kind, buyouts by adult heirs, or holding the property until minors reach majority.
• Ask about costs: Appraisals, GAL fees, guardian bonds, and attorney fees reduce net proceeds — plan accordingly.

Disclaimer: This article explains general legal principles under South Dakota law and is for educational purposes only. It is not legal advice. For advice about a particular situation, contact a licensed South Dakota attorney or the probate court in the county where the property or estate is located.