Short answer

Yes. In Hawaii you can ask the probate court to appoint a guardian ad litem (GAL) or other court-appointed representative to protect the interests of minor heirs before selling inherited real property. The court commonly appoints a GAL when minors have a potential or actual interest in an estate or in specific property that is subject to sale, and the court may require court supervision or special protections for the sale and the minors’ share of the proceeds.

Detailed answer — how this works under Hawaii law

When a decedent’s property is part of a probate estate, the probate court manages the administration of that estate. If minors are heirs or beneficiaries and the estate includes real property, the court focuses on protecting those minors’ legal and financial interests before authorizing a sale. The relevant framework for estate administration in Hawaii is found in the Hawaii Revised Statutes (HRS), chapter governing decedents’ estates and probate procedures; see the Hawaii Revised Statutes, chapter for probate and decedents’ estates: HRS Chapter 560 (Decedents’ Estates / Probate).

Key points the court will consider:

• When minors have a present or future interest in estate property, the court may require a representative to look after their interests during any contested or potentially prejudicial action, such as selling land.
• The court can appoint a guardian ad litem, a temporary guardian, or a conservator/committee for the minor’s estate, depending on the situation and the relief needed. A GAL usually is an attorney who investigates the matter and makes a recommendation to the court. A guardian/committee or conservator can have broader ongoing duties managing property or funds.
• Before approving a sale of inherited land, the probate court will ensure the sale is in the best interests of minor heirs. That can include requiring appraisals, independent valuations, strict notice to interested persons, and court hearings where a GAL reports on fairness and necessity of the sale.
• The court may limit how sale proceeds for minors are handled: it might order those funds placed in a blocked account, invested under court supervision, or paid to a court-appointed fiduciary until the minors reach the age of majority or until another court-approved distribution plan is in place.
• Reasonable fees for a GAL or for a guardian/committee may be paid from the estate, subject to court approval.

Typical process to request appointment:

1. File a petition or motion in the probate case (or open a probate case if none exists) asking the court to appoint a guardian ad litem or other representative for the minor(s). If the sale is proposed as part of an open probate, include the proposed sale documents, appraisal(s), and a statement explaining why the sale is necessary or reasonable.
2. Serve notice to interested persons (other heirs, beneficiaries, personal representative/executor) per probate rules so they may appear and object if appropriate.
3. The court may schedule a hearing. The judge decides whether to appoint a GAL and what scope of authority to give them (investigate, appear, stipulate, or object).
4. If the court appoints a GAL, the GAL will investigate, report to the court, and may recommend acceptance, modification, or rejection of the sale. The court then decides whether to approve the sale and how to protect minors’ proceeds.

Where to look in Hawaii law: the probate and estate statutes and the Hawaii Judiciary’s probate rules and local forms govern procedure and the court’s authority. For statute text and further statutory provisions, see the Hawaii Revised Statutes for probate and decedents’ estates: HRS Chapter 560. For practical procedure, contact the local probate clerk or review the Hawaii State Judiciary’s probate resources (courts.state.hi.us) for forms and filing requirements.

Note: The exact mechanism (GAL vs. guardian/committee vs. conservator) depends on case facts: whether you need a temporary advocate for a one-time sale, ongoing management of the minor’s property, or protection against conflicts among heirs. The court tailors relief to protect the minor.

Common scenarios (hypothetical facts)

Example A — Minor heir owns a share of an inherited parcel that the personal representative wants to sell to pay debts: The court may appoint a GAL to represent the minor at the sale hearing. The GAL reviews the valuation and the need for sale and advises the court whether the sale is in the minor’s best interest. The court may approve the sale but order the minor’s share of proceeds invested under court supervision.

Example B — All heirs agree to sell, but one heir is a minor: Even with agreement, the court may still require appointment of a GAL or other protective measures to confirm the sale is fair to the minor. The court often requires independent appraisal evidence and may hold funds for the minor until they come of age or until a guardian/committee is appointed.

Helpful hints

• Start with the probate clerk: Ask the local probate clerk how to file a petition/motion to appoint a guardian ad litem or committee for minor heirs.
• Prepare documentation: Bring copies of the decedent’s will (if any), a current property appraisal, the proposed purchase agreement, and an accounting of estate assets and liabilities.
• Consider whether a short-term GAL (attorney advocate) or a longer-term guardian/committee is needed. Ask the court clerk which form to use.
• Expect notice and a hearing: The court must give interested parties opportunity to object. Plan for at least one hearing date before sale approval.
• Anticipate protective terms: The court commonly orders minors’ proceeds placed into a blocked account, invested under supervision, or paid to a court-appointed fiduciary until majority or further court order.
• Fees and bond: The court may require the GAL or guardian to post a bond and will approve reasonable fees paid from the estate. Ask the clerk how fee requests are handled.
• Seek an attorney if complex: If the sale, title issues, or family disagreements are significant, consult a probate or real estate attorney for guidance and to represent minors’ interests at court hearings.

Where to get more information in Hawaii

• Hawaii Revised Statutes, probate/decendent’s estate chapter: HRS Chapter 560 (Decedents’ Estates / Probate)
• Hawaii State Judiciary — probate resources and local court contact information: visit the Hawaii Judiciary site at courts.state.hi.us and search “probate” for forms and clerk contacts.

Final note and disclaimer

This article explains in general terms how courts in Hawaii commonly protect minor heirs when estate real property is sold. It is not legal advice. Laws and court practices change and each case depends on its own facts. For advice about your situation, contact a licensed Hawaii attorney or the probate clerk in the county where the decedent’s estate is filed.