Detailed answer — how this works in Wisconsin

This answer explains, in plain terms, how courts typically protect the interests of minor heirs when an estate proposes to sell inherited land in Wisconsin. It describes the usual steps you can take, the kinds of appointments the court may make, and what the court considers before allowing a sale.

Who can be appointed and what each role does

• Guardian ad litem (GAL): A court-appointed lawyer (or sometimes a trained lay GAL) who represents the minor’s legal interests in a specific court case. A GAL evaluates what is in the minor’s best interest regarding the lawsuit or petition (for example, a petition to sell real estate) and makes recommendations to the court.
• Guardian of the estate / conservator: If the minor needs someone to manage money or property (for example, hold sale proceeds, sign documents, or consent to a sale), the court may appoint a guardian of the estate or conservator. That guardian has authority to manage the minor’s financial interests until the minor reaches majority or the court orders otherwise.
• Personal representative/executor: If the land sale arises during probate, the personal representative can petition the probate court to sell estate real property. The court will protect minors’ shares in that process — often by appointing a GAL or requiring additional safeguards.

When should you ask for a GAL or guardian of the estate?

Ask the court to appoint a GAL or guardian of the estate whenever a proposed action — such as selling inherited land — could affect a minor’s legal or financial rights. Typical situations include:

• Minor heirs own an interest in the land being sold.
• The sale could reduce the minor’s future inheritance or lifetime support.
• There is a dispute about whether the sale is in the minor’s best interest, or about the sale price, terms, or use of proceeds.
• The personal representative or other parties request court approval of a sale and the minors need independent representation.

How to ask the court for an appointment (practical steps)

1. Prepare a written motion or petition in the probate or civil case asking the court to appoint a GAL or guardian of the estate for each minor heir. Explain why appointment is needed and what you are asking the GAL/guardian to do (e.g., review sale terms, represent the child at a hearing, protect proceeds).
2. File the motion with the probate or county court handling the estate (or other case). Include basic facts: the decedent’s identity, the minor heirs’ names and ages, the property description, the reason for the sale, and any proposed sale terms.
3. Serve notice on required parties — typically the minor’s parents, the personal representative, other heirs, and any creditors — according to court rules. The court clerk can explain notice requirements for your county and the case type.
4. The court may set a hearing. At the hearing the judge will consider whether a GAL (to represent the minor in the litigation) or a guardian of the estate (to manage the minor’s property interests) is appropriate.
5. If appointed, the GAL will investigate, may hire an expert, and will recommend to the court whether the sale is in the minor’s best interest. A guardian of the estate may need to give bond or submit accountings, depending on the court’s order.

What the court considers before allowing a sale

The judge’s primary duty is to protect the minor’s best interests. Factors the court will review include:

• Why the sale is necessary (e.g., to pay estate debts, to avoid upkeep costs, or because the property is not easily divided).
• Whether the sale price and terms are fair and whether the sale is likely to maximize value for the heirs.
• How sale proceeds will be handled — for example, whether the minor’s share will be held in a blocked account, paid to a guardian of the estate, or invested per court direction.
• Whether appointing a GAL or guardian of the estate is required to give the minor independent representation and protection.

Typical outcomes and safeguards

• The court approves the sale after the GAL or guardian of the estate reviews the terms and recommends approval, often with conditions (e.g., funds to be held in court, a guardian bond, or restrictions on use of the proceeds).
• The court appoints a guardian of the estate to sign closing documents or manage a minor’s share until the minor is of age or the court orders distribution.
• If a sale is not in the minor’s best interest, the court may deny the sale or require different terms (e.g., a higher minimum price, marketing period, or independent appraisal).

Where to look in Wisconsin law

Wisconsin statutes and court rules give probate courts broad authority to protect minor heirs and to supervise estate administration. Public resources that explain relevant statutes and court procedures include the official Wisconsin statutes site and the Wisconsin court help pages for guardianship and probate. You can begin research at these official resources:

• Wisconsin Statutes (searchable): https://docs.legis.wisconsin.gov/statutes
• Chapter of the statutes covering children and juvenile court matters (where GAL provisions appear for child-welfare matters): https://docs.legis.wisconsin.gov/statutes/statutes/48
• Wisconsin Courts — general self-help and guardianship information: https://www.wicourts.gov/

Note: specific statute numbers used by Wisconsin to govern probate sales, guardianship of estates, and GAL appointments vary with the facts and case type (probate case, guardianship case, juvenile case, or civil action). A local probate attorney or the county probate court clerk can point to the exact statutory provisions that will apply in your situation.

Helpful Hints

• Start early: If you expect to sell inherited land that affects minor heirs, ask the court to appoint a GAL or guardian of the estate as soon as possible so the sale process is not delayed by lack of representation.
• Gather documents: Bring the will (if any), death certificate, probate case number, property deed, proposed sale agreement, appraisals, and a list of heirs with ages to your first court filing or meeting with an attorney.
• Propose safeguards in your petition: Offer to have the minor’s share held in a blocked account or deposited with the court registry, or propose a guardian bond and court-ordered accountings — these suggestions help the court protect the minor’s interest and may speed approval.
• Consider whether a full guardianship of the estate is better than only a GAL: A GAL represents the minor in the litigation, while a guardian of the estate can manage money and sign documents after appointment. Discuss which is needed for the sale you propose.
• Expect notice and a hearing: Courts typically require notice to interested parties and will schedule a hearing. Plan time for appraisal, marketing, and any court-required procedures.
• Get local help: Probate procedures and local court practices vary by county. Contact the county probate court clerk or a Wisconsin probate attorney for county-specific filing forms and timelines.