Can a court appoint a guardian ad litem for unknown or unlocatable heirs in a Maryland partition action?

Short answer: Yes. Under Maryland procedure, a court hearing a partition action can appoint a guardian ad litem (GAL) or other representative to protect the interests of heirs who are minors, incapacitated, unascertained, or cannot be found after reasonable effort. A GAL acts to protect those absent parties’ legal interests while the court resolves the property dispute.

Detailed answer — how this works in Maryland

This answer explains the general process and the practical steps a property owner or claimant should expect. It is an overview of Maryland procedure, not legal advice.

Why a guardian ad litem might be needed

Partition actions often involve multiple people with ownership or inheritance claims. The court must protect the rights of anyone who has a real legal interest in the property. When potential heirs are:

minors or legally incapacitated,
unascertained (for example: possible heirs by intestacy whose identities are not yet known), or
unlocatable after reasonable searches—

—the court commonly appoints a guardian ad litem or other court-appointed representative so that any disposition (sale, division, or distribution of proceeds) will be fair and binding on those absent parties.

Authority and procedure

Maryland court rules and practice provide the court with authority to appoint a guardian ad litem when necessary to protect parties under disability or unknown/absent persons. The Maryland Rules address appointment of guardians ad litem for parties who cannot represent themselves and set out procedural protections (see Maryland Courts, Rules of Civil Procedure: Rules on guardians ad litem). For Maryland Rules and guidance, see the Maryland Courts rules page: https://www.mdcourts.gov/rules. A commonly cited rule governing guardians ad litem is Rule 2-121 (appointment and duties of guardian ad litem for persons under disability): https://www.mdcourts.gov/sites/default/files/import/rules/rodocs/2-121.pdf.

In a partition action, if an heir or owner cannot be located after reasonably diligent search, the plaintiff typically requests service by publication or other substituted service, and simultaneously asks the court to appoint a GAL or an attorney to represent the missing person’s interests. The judge decides whether appointment is necessary and what form representation will take. The GAL’s role is to evaluate the case facts, protect the missing party’s financial interest, and sometimes to receive and hold sale proceeds or to consent to a secured distribution or sale on the missing party’s behalf.

What the court will consider

Evidence of diligent efforts to locate the person (phone calls, mail, searches of public records, contact with relatives).
Whether the absent person is likely to have a substantial legal or financial interest in the property.
Whether appointment of a GAL is the least intrusive way to protect that interest and to allow the case to proceed.
Whether the GAL should be an attorney, a qualified individual, or a public guardian (depending on counsel availability and the circumstances).

Typical court orders and practical outcomes

The court may order one or more of the following:

Appointment of a GAL to represent the absent or unknown heirs during the partition action.
Service by publication and a requirement that proceeds attributable to the absent heirs be held in escrow or paid into court pending further order.
Requirements that the GAL file periodic reports, obtain bonds, or seek court approval for settlement or sale.
If heirs remain unlocated long-term, the court may allow sale of the property and distribution of proceeds into the court registry or escrow until claimants come forward or other statutory procedures (such as unclaimed property rules) apply.

Practical steps if you are a party in a Maryland partition case

Document all efforts to identify and contact potential heirs (public records, census, social media, known relatives, last known addresses). Judges expect proof of diligence before appointing a GAL or authorizing service by publication.
Ask the court to appoint a GAL early if you know heirs are missing or of uncertain status; waiting can delay the case.
Be prepared to propose a candidate for GAL (often an attorney experienced in estate or real property matters) and to explain how the GAL will be compensated (court may require a bond or fee order).
If you are the missing person and learn of the case later, contact the clerk and the GAL (if one was appointed) immediately to protect your rights and claim any proceeds being held.

Helpful Hints

Keep a tight paper trail. Courts expect proof of reasonable efforts to locate missing heirs before appointing a GAL or allowing service by publication.
Use multiple search tools: title searches, probate records, online people-finders, genealogy sites, and local records (tax, voter registration).
Consider hiring a private investigator or genealogist experienced in locating heirs if the property value justifies the cost.
If you represent known parties, propose a qualified attorney as GAL to shorten the court’s vetting process. Courts often prefer a lawyer with experience in probate/real property matters.
Be aware of costs. A court-appointed GAL is normally paid from the estate or property proceeds; the court will review fee requests or bond requirements.
If property is sold, ask the court to hold the missing heirs’ share in the registry of the court or other secure escrow until the heirs can be located or claims resolved.
If you think an heir may be out of state, search probate and court records in that state as well; cross-jurisdictional searches can reveal heirs quickly.

Where to look for more information in Maryland

Maryland Courts rules and local court clerks can provide procedural guidance. For the rules that address guardians ad litem and party representation, see the Maryland Courts rules page: https://www.mdcourts.gov/rules. For specific filing procedures in a given county, contact the clerk of the circuit court hearing the partition.

Disclaimer: This article explains general Maryland procedure and is for informational purposes only. It is not legal advice. For advice specific to your situation and to ensure compliance with Maryland law and local court practice, consult a licensed Maryland attorney experienced in real property and probate or estate matters.