Detailed answer — how this works under Arizona law

When a person who owned real property dies, any heirs who are minors have legal interests in that property or in the proceeds if the property is sold. Arizona courts have duties to protect minors’ interests during probate-related actions (including sales, partition actions, or quiet-title litigation). The Arizona Revised Statutes set out the probate framework and give the court power to appoint representatives to protect minors. See Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14.

In practice, you can ask the court to appoint a guardian ad litem for a minor heir before selling inherited land. A guardian ad litem is a court-appointed representative whose role is to represent the minor’s legal interests in a particular lawsuit or proceeding (for example, a petition to sell estate real property or a partition action). The GAL’s responsibilities typically include investigating what is in the minor’s best interest, reviewing any proposed sale or settlement, and making recommendations to the court. Courts often appoint an attorney to serve as GAL.

Typical situations where a GAL is commonly appointed include:

• Probate or estate administrations where property will be sold and minors are heirs.
• Partition or quiet-title lawsuits affecting property in which minors have an ownership interest.
• Contested sales, unusual sale terms, or potential conflicts between adult co-heirs and minor heirs.

How the appointment usually happens:

1. A party files a written petition with the superior court handling the probate, partition, or real property action. The petition asks the court to appoint a guardian ad litem for identified minors and explains why appointment is necessary for the minors’ protection.
2. The petition should identify the minor(s) by name and age, state the property and proposed sale terms, and explain any potential conflict or reason the court needs to review the transaction (for example, below-market sale price or related-party sale).
3. The court reviews the petition. If the court finds appointment appropriate, it issues an order appointing a GAL and defining the GAL’s role and authority for that proceeding.
4. The GAL performs an inquiry, may meet with the minor’s guardian or parent, evaluates the transaction, and files a report or recommendation. The court then approves, modifies, or denies the proposed sale based on the record and the GAL’s input.

Costs and who pays them: the court often assigns payment of the GAL’s fees either to the estate, to the party requesting the appointment, or otherwise allocates costs as justice requires. Courts try to balance protecting the minor against unnecessary expense to the estate.

If the property sale is part of an estate administration, the probate judge may require additional protections such as a guardian of the estate for the minor, a bond, or secure management of sale proceeds until the minor reaches majority or a court-approved trust is established.

Relevant procedural standards and local practice may be governed by the Arizona Rules (including rules of probate practice and local superior court rules). For general rules and local forms, consult the Arizona Judicial Branch rules and the superior court’s probate department in the county where the property is located: https://www.azcourts.gov/rules.

When a court is most likely to appoint a guardian ad litem

Courts commonly appoint a GAL when any of these are present:

• There are minor heirs with a direct ownership interest in the property or in sale proceeds.
• The proposed sale involves related parties (e.g., a family member, fiduciary, or co-heir) or terms that could be challenged as not in the minor’s best interest.
• The minors’ parents or guardians have a conflict of interest with the minors’ economic interests.
• The transaction requires judicial confirmation (for example, a sale by an executor or personal representative that needs court approval).

How to ask the court — practical steps

1. Identify the correct court: the superior court in the county where the decedent lived or where the property is located, depending on the nature of the proceeding.
2. Prepare a petition or motion asking for appointment of a guardian ad litem for each minor. Include facts: who the minors are, their ages, how they are entitled to the property or proceeds, and why appointment is necessary.
3. Attach any relevant documents: probate filings, proposed purchase agreement, appraisals, and identities of interested parties.
4. Request specific relief: appointment of a named attorney or authority to investigate and report; request allocation of GAL fees to the estate or to a party.
5. Serve the petition on required parties (other heirs, personal representative, and parents or guardians of the minor).
6. Attend the court hearing. The court may appoint an attorney to serve as GAL or ask for additional briefing or evidence before deciding.

Alternatives and related protections

• Guardianship of the estate: If the minor will receive funds or property that require management, the court may appoint a guardian of the estate for longer-term protection.
• Minor’s compromise or settlement approval: Many courts require court approval for any settlement affecting a minor’s interest, even if parents consent.
• Escrow or restricted account: Sale proceeds may be placed in a blocked or restricted account pending court approval or guardianship.

Helpful hints

• File early: If you expect to sell inherited land and minors are involved, request a GAL appointment or notify the court at the start to avoid delays later.
• Be specific in your petition: Identify minors, their interests, and reasons a GAL is needed. Clear facts speed court action.
• Bring appraisal and comparable sales: Courts consider whether the sale is fair market value for the minor’s protection.
• Propose a qualified GAL: Courts often prefer appointing a licensed attorney with probate experience; recommending one can speed appointment.
• Expect fees: Ask the court in your petition to allocate GAL fees to the estate if appropriate.
• Talk to a probate attorney: Local practice varies by county and judge — an Arizona probate lawyer can prepare the petition, advise strategy, and represent the minors’ or estate’s interests.