Detailed Answer

Short answer: Yes. Under Washington probate law, you can ask the court to appoint a guardian ad litem (GAL) to protect the legal interests of minor heirs before selling inherited real property. The probate court has authority to appoint a GAL or to appoint a guardian of the estate (a caretaker for the minor’s property) when a proposed sale could affect a minor’s rights or financial interests.

This is not legal advice. This article explains general Washington law and common practice to help you decide whether to consult a Washington probate attorney.

How this works in Washington

Washington’s probate and guardianship framework (Title 11 RCW) gives superior courts broad authority to protect minors and other persons who cannot protect their own interests. When an estate includes minor heirs and a personal representative (executor) or interested party proposes selling inherited land, the court will consider whether the sale is fair and whether the minors are adequately protected. If the court thinks the minors need independent representation in the matter, it can appoint a guardian ad litem or require appointment of a guardian of the estate (sometimes called a conservator).

Common legal roles the court may use:

Guardian ad litem (GAL): A GAL represents the minor’s legal interests in the specific proceeding (for example, a petition to sell estate real property). The GAL reviews the proposed sale, advises the court about whether the sale is in the minor’s best interest, and can advocate for price, timing, or protective conditions. A GAL does not always manage the minor’s ongoing assets.
Guardian of the estate (guardian/conservator): If the minor will receive proceeds from the sale or needs continuing property management, the court may appoint a guardian of the estate to hold, manage, or invest the minor’s share until he or she reaches legal age.

When a court is likely to appoint a GAL

The court typically considers appointing a GAL when:

One or more heirs are minors (under 18).
The proposed sale could significantly affect the minor’s economic interest (e.g., selling a family parcel with substantial value or selling before development or zoning changes).
There is a potential conflict of interest between the personal representative/seller and the minor heirs.
The court lacks confidence that the minor’s rights will be fully protected without independent representation.

Washington probate courts routinely appoint GALs or guardians of the estate to protect minor heirs in such situations. See Washington’s probate and guardianship laws (Title 11 RCW) for the statutory framework: https://app.leg.wa.gov/RCW/default.aspx?Cite=11

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

Open or identify the probate case: If the decedent’s estate is already in probate, you will file your request in that existing superior court probate case. If there is no open case (for example, the estate is going through a simplified nonprobate process), you may need to open a probate matter or file a petition in superior court to seek court approval.
File a petition or motion: File a written petition or motion asking the court to appoint a guardian ad litem for the minor heirs and to approve the proposed sale (or to defer approval until the GAL reports). Include facts: the minor’s name and age, the property description, a copy of the purchase agreement (if any), appraisal or value estimate, and why the court’s protection is needed.
Provide notice: Serve notice of the petition to all interested persons (heirs, beneficiaries, the personal representative, buyers, and any lienholders). Courts typically require service so interested parties can object.
Hearing and evidence: The court schedules a hearing. The judge may appoint an attorney or qualified person as GAL and may require an independent appraisal or additional protections (e.g., escrow instructions, bond, or restricted distribution of proceeds to the minor’s guardian of the estate).
Court order: If the court approves, it will enter an order appointing the GAL and setting terms for the sale and for protecting the minor’s share (for example, placing funds in court, appointing a guardian of the estate, or requiring a bond).

Example (hypothetical)

Suppose an estate owns 10 acres of farmland worth $300,000. Two heirs are adults and one heir is 10 years old. The personal representative has a buyer and a signed purchase agreement. To protect the 10-year-old’s interest, the personal representative files a petition in the county superior court asking for authority to sell and asks the court to appoint a guardian ad litem to represent the minor at the sale hearing. The court appoints a GAL, orders an independent appraisal, and approves the sale only after requiring the minor’s share to be placed in a court-supervised account or under a guardian of the estate until the minor turns 18.

Costs, timing, and practical issues

Appointment of a GAL adds time and cost. The GAL is often an attorney and is paid from the estate or by the party who requested the appointment. Expect extra fees and a hearing date.
The court may require additional protections before distributing proceeds to a minor — for example, appointing a guardian of the estate, requiring a bond, using a blocked bank account, or imposing spending restrictions until the minor reaches majority.
If the sale is contested, a GAL helps ensure the court receives an independent recommendation about the fairness of the transaction.

Key Washington resources

Washington Revised Code (Title 11) – Probate and trust law (general authority for probate/guardianship matters): https://app.leg.wa.gov/RCW/default.aspx?Cite=11
Washington Courts — forms and probate/guardianship resources (useful filing forms and procedural info): https://www.courts.wa.gov/forms/
Washington State Bar — finding a probate attorney or lawyer-referral service: https://www.wsba.org/for-the-public/find-legal-help

When to talk to an attorney

If the sale involves meaningful value, potential family conflict, or complex title issues, consult a Washington probate attorney. An attorney can draft the petition, recommend whether to seek appointment of a GAL or a guardian of the estate, handle notice and hearings, and help structure protections for the minor’s share.

Final takeaway

You can and often should ask the court to appoint a guardian ad litem for minor heirs before selling inherited land in Washington. The court will weigh the request and may appoint a GAL or guardian of the estate and set conditions to protect the minor’s interest. Because procedures and requirements vary by county and case facts, speak with a probate attorney or contact the Washington Courts for local rules and forms.

Helpful Hints

File early: Request a GAL as part of your petition for sale so the court can resolve representation before closing.
Bring documentation: death certificate, probate file number, heir list with ages, copy of purchase agreement, appraisal(s), and title information.
Consider alternatives: If the sale is routine and low-value, the court might accept a guardian of the estate to manage proceeds instead of a GAL. Ask the court which option best protects the minor.
Expect fees: Budget for GAL fees, appraisal costs, and possible bond or account costs to secure the minor’s share.
Neutral GALs: Courts usually appoint independent attorneys or qualified individuals as GALs to avoid conflicts of interest.
Local practice matters: Superior court procedures can vary by county—call the clerk’s office or consult local probate rules before filing.
Get legal help: Use the Washington State Bar resources to find a probate attorney experienced with minor heirs and real property sales: https://www.wsba.org/for-the-public/find-legal-help