Detailed Answer — How the Court Can Protect Minor Heirs Before Real Property Is Sold

If heirs to real property are minors, Maine courts commonly require a court-appointed representative to protect those young heirs’ interests before the property is sold or a partition/sale judgment is finalized. That representative usually comes in one of two forms:

• a guardian ad litem (GAL) appointed to represent the minor’s interests in the specific court proceeding, or
• a guardian or conservator of the minor’s estate (a longer-term fiduciary) appointed under the probate process to manage the minor’s share of proceeds.

Which appointment the court requires depends on the nature of the case (probate administration, partition suit, or other civil action), the complexity of the transaction, and the court’s view of what protects the minor’s best interests.

When a GAL or guardian is typically required

The court will often order a GAL if a minor’s legal rights might be affected by court action — for example, when:

• an estate is selling real property before minors reach majority;
• co-owners sue for partition and sale of jointly owned land that includes minor owners;
• an executor or administrator proposes a sale that affects a minor’s share; or
• there is any dispute about whether the sale is fair or in a minor’s best interests.

What a guardian ad litem does

A GAL is a court-appointed advocate whose role is to represent the minor’s legal interests in that case. A GAL will:

• investigate facts surrounding the proposed sale;
• interview the minor (if appropriate), parents, and other parties;
• review appraisals, sale terms, and any settlement offers;
• file pleadings, appear at hearings, and recommend whether the court should approve the sale or require different terms; and
• ask the court for protections for sale proceeds (for example, blocking the funds in a court-supervised account or requiring a guardian of the estate to be appointed).

How to ask the court to appoint a GAL or guardian

1. Identify the correct court and case type. Sales connected to an estate or probate administration go through Probate Court; partition or civil suits go through Superior Court. The Maine Judicial Branch maintains probate information and forms at https://www.courts.maine.gov/.
2. File a motion or petition. If there is an open estate, file a petition in the probate matter asking the court to appoint a GAL or guardian of the estate for the minor heir. In a partition or civil action, move the court for appointment of a GAL to represent any minor parties.
3. Explain the reasons. Provide clear facts about the proposed sale, identity and ages of minor heirs, and why a GAL or guardian is needed to protect the minor’s interests.
4. Provide notice. Maine court rules require notice to interested parties (parents, co-heirs, personal representative) and sometimes to the Department of Health and Human Services if the minor has public benefits. The court will set a hearing.
5. Court decision. The judge will decide if appointment is appropriate. If the court appoints a GAL, the court issues an order defining the GAL’s duties and may set a compensation rate.

How the court approves a sale affecting minors

Even with a GAL, the court must often confirm that the sale is fair and in a minor’s best interests. Typical protections include:

• requiring a court confirmation hearing where the GAL speaks for the minor;
• ordering appraisal(s) or auction procedures to ensure fair market value;
• directing sale proceeds into a blocked account or appointing a guardian/conservator to hold and invest funds for the minor; and
• requiring bonds or other safeguards if a personal representative will handle funds.

Who can serve as a GAL or guardian?

The court may appoint an attorney, a qualified layperson, or a professional guardian, depending on need and availability. If a guardian of the estate is required, the court evaluates proposed guardians on competence, relationships to the minor, and their ability to manage funds. Courts avoid conflicts of interest when possible.

Timing and costs

Expect additional time for petitions, appointments, and hearings. Appointing a GAL or guardian increases case costs through attorney or guardian fees and possible appraisals. The court may order these paid from the estate or the minor’s share.

Relevant Maine law and resources

Maine’s probate and court procedures guide how courts treat minors’ interests in estate and property matters. For statutory text and official resources see:

• Maine Revised Statutes and the state statutes search: https://legislature.maine.gov/statutes/
• Maine Judicial Branch — probate and court information: https://www.courts.maine.gov/

Because statutes and court rules can be specific about procedures (notice, filings, and bonds), an attorney familiar with Maine probate and real property procedures can identify the exact statutory provisions and court rules that apply to your case.

Helpful Hints

• Start early. If you expect minor heirs, file for court guidance before signing sale contracts.
• Use the probate docket. Sales tied to an estate should go through probate so the court can supervise distribution to minor heirs.
• Expect a hearing. The court wants evidence that the sale is fair and in the minors’ best interest before approving it.
• Prepare documentation. Provide deeds, appraisals, a copy of the proposed sale agreement, and a statement describing how proceeds will be handled for each minor.
• Consider guardianship of the estate. If proceeds will be held for a long time, ask the court to appoint a guardian/conservator of the minor’s estate to manage funds.
• Watch deadlines and notice rules. Failure to give proper notice can delay approval and potentially invalidate actions affecting minors’ shares.
• Budget for fees. Court-appointed counsel or a GAL and appraisals cost money; the court often charges these to the estate or to the minor’s share.
• Get local legal help. Probate practice varies by county; a Maine probate attorney or experienced real property lawyer can walk you through filings, local practices, and likely timelines.