Detailed Answer

When an estate includes real property and one or more heirs are minors, the Vermont Probate Division often requires extra protection for those minors before allowing a sale. A court can appoint a guardian ad litem (GAL) to represent the minor heirs’ legal interests in the court proceeding concerning the administration or sale of estate property.

When a guardian ad litem is appropriate

Vermont probate judges use a GAL when the court needs an independent advocate for a child’s interests in the probate or property-sale proceeding. Typical situations include:

• Minor heirs who lack a parent or whose parent has a conflict of interest with the estate transaction.
• Complex sales where the price, terms, or distribution could harm a minor’s share.
• Disputes among beneficiaries or between a personal representative and minor heirs.

Which court handles the request

Requests to appoint a GAL in connection with an estate matter are generally made in the Probate Division where the estate is being administered. The Probate Division has the authority to approve sales of estate property and to appoint representatives to protect minors’ interests under Vermont probate law (see Title 14, Vermont Statutes Annotated for probate authority and procedures): https://legislature.vermont.gov/statutes/title/14. You can also contact the Vermont Judiciary Probate Division for local practice and forms: https://www.vermontjudiciary.org/probate.

How to ask the court to appoint a GAL

1. File a written motion or petition with the Probate Division handling the estate. The petition should explain why a GAL is needed (for example, a minor heir and details of the proposed sale).
2. Attach supporting documents: letters testamentary or administration, a copy of the proposed purchase agreement or terms of sale, an appraisal or market analysis if available, and documents identifying the minor (birth certificate) and the estate assets.
3. Notify all interested persons and beneficiaries as required by Vermont probate rules. The court will set a hearing if it deems one necessary.
4. If the court appoints a GAL, the judge will identify the person or organization to serve. The GAL will investigate and file a written report or appear at the hearing to state the minor’s position or recommend safeguards.

What a guardian ad litem does

A GAL’s role is to represent the minor’s best interests in the probate matter. Typical GAL duties include:

• Reviewing the estate file, the proposed sale terms, appraisals, and related documents.
• Interviewing interested parties (including the minor when appropriate), the personal representative, and potential buyers.
• Recommending whether the sale is fair, whether safeguards (such as proceeds held in trust or a court-ordered bond) are necessary, or whether the sale should be rejected or modified.
• Filing a report and participating in hearings as the court requires.

Costs and payment

Courts commonly allow reasonable GAL fees to be paid from estate assets, subject to court approval. The court will review fee requests for reasonableness. If estate funds are insufficient, the court may address the payment source as part of the appointment order.

Possible court outcomes

The court may:

• Approve the sale as proposed.
• Approve the sale with conditions (for example, requiring proceeds to be placed in a protected account or trust for the minor until majority).
• Order a different method of disposition (partition, sale at public auction, or sale to another buyer) or deny the sale if it is not in the minor’s best interests.

Alternatives and related protections

Other court-ordered protections include appointment of a guardian of the minor’s estate or placing a minor’s share in a conservatorship or trust. These are separate processes but may be used together with a GAL appointment to protect a minor’s long-term financial interests.

Helpful Hints

• Start by contacting the Probate Division clerk where the decedent’s estate is filed. Clerks can explain filing requirements and local procedures: https://www.vermontjudiciary.org/probate
• Gather key documents before filing: death certificate, will (if any), letters testamentary/administration, property deed, proposed sale contract, and any appraisals.
• If you represent the personal representative or a beneficiary, explain clearly why a GAL is needed and what outcome you seek. Courts appoint GALs to protect minors, not to resolve ordinary adult disputes.
• Expect the process to add time and cost. A GAL’s involvement can postpone closing until the court resolves the minor’s protection concerns.
• Ask the court whether it will require sale proceeds to be held in trust, require bonds, or impose other safeguards for the minor’s share.
• Consider hiring a Vermont probate attorney experienced with minor-heir issues. An attorney can prepare the petition, handle notices, and present proof that the proposed sale is fair and in the minors’ best interest.