Short answer: Yes. If minors are heirs to real property in Kentucky, the probate court can appoint a guardian ad litem (GAL) or otherwise protect the minors’ interests before a sale of the inherited land is approved. The court’s involvement protects the minor heirs and helps ensure any sale is in their best interests.

Why the court gets involved

When someone under 18 inherits property, Kentucky probate courts typically supervise major transactions that affect the minor’s property rights. The court can appoint a guardian ad litem to represent the minor’s best interests in the specific matter (for example, whether the land should be sold, the terms of sale, price, and distribution of proceeds). The court may also require additional safeguards such as an appraisal, a public sale, or appointment of a guardian of the estate to manage proceeds.

Typical legal roles you may encounter

• Guardian ad litem (GAL): A person (often an attorney) the court appoints to represent the minor’s interests in a particular court action. The GAL investigates facts, recommends what is best for the child, and appears in court.
• Guardian of the estate: If the minor will receive and keep money or property, the court may appoint a guardian to manage the minor’s property long term. This is different from a GAL, who represents the minor in the lawsuit or proceeding.
• Personal representative or administrator: The estate’s representative who may petition the court to sell property if necessary to settle debts or distribute proceeds.

How to ask the court to appoint a guardian ad litem

1. File a petition in the probate court where the decedent’s estate is being administered (typically the county where the decedent lived). The petition should describe the minor heirs, the property, and the proposed sale.
2. Include a request that the court appoint a guardian ad litem to represent the minor heirs in the petition approving the sale or other action affecting the property.
3. Provide notice to interested parties and the minor’s parents or current guardians as required by the court rules and probate process.
4. The court may appoint an attorney to serve as GAL or name another suitable individual. The GAL will investigate, report to the court, and recommend whether the sale is fair and in the minors’ best interests.
5. The court reviews the GAL’s findings and other evidence (appraisals, offers, needs of minors) and decides whether to approve the sale and how to protect the minors’ proceeds (bonding, restricted accounts, guardianship of the estate, etc.).

What the court considers

Kentucky courts focus on the best interest of the minor heirs. Typical considerations include:

• Whether the sale price is fair (appraisals or competitive bidding may be required).
• Whether selling is necessary to pay debts or distribute estate assets.
• How sale proceeds will be protected and managed for the minors (court-ordered guardianship of the estate, restricted accounts, or bond requirements).
• Whether a family member or buyer is seeking special treatment (courts scrutinize related-party transactions).

Who pays the GAL and other costs

The court commonly allows reasonable GAL fees to be paid from the estate before distribution. The judge will approve the fee. If the estate cannot pay, the court may consider other arrangements, but typically estate funds cover necessary costs for protecting minor heirs.

Hypothetical example

Imagine two minor siblings inherit a farm from their parent. The estate’s administrator wants to sell the farm to pay debts and distribute net proceeds. The administrator files a petition in probate court asking permission to sell. The petition asks the court to appoint a GAL for the minors. The court appoints an attorney as GAL, orders an independent appraisal, and schedules a hearing. After the GAL investigates and reports that the sale is reasonable and protective safeguards are in place (sale proceeds to be held in a restricted guardianship account), the court approves the sale and authorizes the administrator to close. Net proceeds are then handled under court supervision for the minors’ benefit.

Where to find official Kentucky resources

For statutes and official guidance, check the Kentucky Revised Statutes and the Kentucky court system:

• Kentucky Revised Statutes (statute search and chapters): https://apps.legislature.ky.gov/law/statutes/
• Kentucky Court of Justice — Courts and Self‑Help resources: https://courts.ky.gov/

Important: Probate procedure and local practice can vary by county and by judge. The steps above describe common practice but are not a substitute for local legal advice.

Disclaimer: This article explains general Kentucky procedure and is for educational purposes only. It is not legal advice. Consult a licensed Kentucky attorney for advice about your specific situation.

Helpful Hints

• Contact the probate court clerk in the county where the decedent lived to learn about local filing requirements and forms.
• Seek an attorney experienced in Kentucky probate or guardianship work. A probate lawyer can file the petition, request a GAL, and guide required notices and hearings.
• Gather key documents before filing: death certificate, will (if any), deeds, title history, mortgage and lien information, and any existing guardianship paperwork for the minors.
• Consider getting an independent appraisal before petitioning to sell, especially for family sales or non‑market transactions.
• Expect the court to protect sale proceeds for minors—be prepared to propose a management plan (restricted account, bonds, or guardian of the estate appointment).
• If family members want to buy the land, be ready for heightened court scrutiny and the likely need for appraisal and transparent bidding to show the sale is fair.
• Ask about timing: probate and court approval can add weeks or months to a sale timeline. Plan accordingly.
• Remember GALs are charged with the minor’s best interests. Their recommendation carries weight, but the judge makes the final decision.