Short answer

Yes. If minor children (or other incapacitated persons) have an ownership interest in land that an executor, administrator, or personal representative proposes to sell, an Iowa probate court can appoint a guardian ad litem (GAL) or otherwise provide court-appointed representation to protect the minors’ interests before approving the sale.

Detailed answer — how this works in Iowa

When property that is part of a decedent’s estate is to be sold and one or more heirs are minors, the probate court has a duty to protect those minors’ property interests. The court may require that minors be represented by someone appointed for that purpose (commonly called a guardian ad litem) or by a guardian or conservator already appointed for the minor’s estate.

Key points about the procedure and legal principles:

• Who may ask the court to act. The personal representative (executor/administrator), any interested heir, a guardian of the minor, or the county attorney may petition the probate court to appoint a guardian ad litem or to otherwise appoint a representative before a sale.
• Why the court may appoint a GAL. The court appoints a GAL to ensure the minor’s interests (sale price, timing, sale terms, and use of sale proceeds) receive independent consideration. The GAL evaluates whether the proposed sale is in the minor’s best financial interest and makes recommendations to the court.
• When appointment is common. Appointment is common when the proposed sale involves family property, a below-market offer, a private sale to a related party, partition or division issues, or any situation where the court believes a child’s interest could be compromised.
• Alternative protections. Instead of a GAL, the court may appoint a guardian or conservator for the minor’s estate, require the minor’s proceeds to be placed in a secure account or blocked account, or require court approval for distribution/use of proceeds. The court may also order that proceeds be invested or that a bond be posted by the personal representative or purchaser.
• Court approval of sale. In many probate sales involving minor heirs, the personal representative cannot complete a sale free of court supervision without prior court authorization that the sale is fair and in the minors’ best interest. The court’s order approving the sale protects the personal representative and purchaser and secures the minors’ interests.
• Evidence the court will consider. The court examines market value evidence (appraisals, broker opinions), competing offers, relationship between buyer and seller, necessity of sale (e.g., to pay debts or taxes), and how the sale proceeds will be handled. The GAL (if appointed) will present a recommendation to the court.

Relevant Iowa law is found in the probate provisions of the Iowa Code and in rules that govern guardianship and parties’ representation. See the Iowa Code chapter on decedents’ estates for general probate authority. For more background on court practice and GALs in child or civil matters, see information maintained by the Iowa Courts.

Helpful statute resources (Iowa):

• Iowa Code, Decedents’ Estates (probate statutes) — see the probate chapters for court powers and sale/administration rules: https://www.legis.iowa.gov/
• Iowa Judicial Branch — general public resources on guardianship and court roles: https://www.iowacourts.gov/

Note: The exact statutory citation will depend on the specific probate action and whether the case involves a guardianship, a conservatorship, or a decedent’s estate sale. Local court practices and judges’ expectations differ, so the practical steps below explain how to proceed.

Common steps to get a guardian ad litem or court protection before selling land

1. Confirm who has legal authority. Determine whether the estate has a personal representative empowered to sell real estate. That person typically files the petition to sell property or asks the court for instructions.
2. File a petition or motion in probate court. File a petition asking the probate court to (a) approve the proposed sale and (b) appoint a guardian ad litem to represent any minor heirs, or to appoint a guardian/conservator if appropriate. Include facts that explain why minors need representation (their interest, relationship to buyer, sale terms, etc.).
3. Serve interested parties. Provide notice of the petition and the hearing to all heirs, including parents/guardians of minors and any proposed buyers. The court requires adequate notice so interested parties can object or support the request.
4. Court hearing and evidence. At the hearing the court will review evidence: appraisals, realtor opinions, sale contract, accounting for estate debts/expenses, and the GAL’s recommendations (if appointed before final approval). The court will evaluate whether the sale is in the minors’ best interest.
5. Court order and protections. If the court approves the sale, it may condition approval on protections such as placing proceeds in a blocked account, appointing a conservator for the minor’s proceeds, requiring a bond, or reducing the sale price if the sale was below market value.
6. Appeal or objection. Interested parties may object and, if necessary, appeal a court order. Timelines for objections and appeals are governed by Iowa rules and local practice.

Who pays the guardian ad litem?

In Iowa, the court decides who pays the GAL’s fees. The court may order the estate to pay GAL fees as an estate administration expense, require the parties to split fees, or assign fees to another responsible party. The court considers the estate’s ability to pay and fairness to the minor heirs.

Practical examples (hypotheticals)

Example 1: The estate contains a family farm. Two adult heirs and one minor heir together inherit the land. An adult heir offers to buy the minor’s share at a discount. The personal representative petitions the court to approve the sale and asks the court to appoint a GAL to represent the minor. The GAL obtains an appraisal and recommends the sale not be approved unless the price is increased or a different sale method is used.

Example 2: The estate must sell a parcel to pay creditors. The personal representative petitions for an immediate sale. The probate judge appoints a GAL for minor heirs, approves an expedited sale with proceeds held in a blocked account for the minors until the court orders distribution.

Helpful hints

• File early: Ask the court for representation before signing sale documents if minors have an ownership interest.
• Get an appraisal: Independent market evidence strengthens the case for or against a sale price or buyer relationship.
• Document conflicts: If a buyer is related to an adult heir or the personal representative, tell the court—courts scrutinize related-party sales.
• Consider alternatives: A conservatorship or blocked account can be preferable when the goal is protecting sale proceeds rather than appointing a short-term GAL.
• Expect court supervision: Probate involvement protects minors but adds time and cost; be prepared for hearings and filings.
• Ask about fees: Confirm who will pay GAL fees and whether fees come from the estate or a specific party.
• Talk to a probate attorney: Local probate practice and judges’ preferences vary across Iowa counties; an attorney who handles local probate can advise on timing, filings, and likely outcomes.