Detailed answer — what you need to know

When real property that is part of an estate will be sold while one or more heirs are minors, the court that supervises the estate has a duty to protect those minors’ legal and financial interests. In Michigan this typically happens in probate court under the Estates and Protected Individuals Code and under the court rules that govern cases involving minors.

Who has authority to order a sale?

The personal representative (executor/administrator) generally has authority to manage and dispose of estate assets when authorized by the probate court. Before a sale of inherited land can close, the court often must approve the sale (or confirm an administrator’s actions), especially when minor beneficiaries are involved. If the matter is a partition or quiet-title action in circuit court, that court controls the process and may appoint a GAL under the civil rules.

What is a guardian ad litem (GAL)?

A GAL is an independent person (often an attorney) the court appoints to investigate and represent the best interests of a minor for a specific issue or case. The GAL’s job is limited: evaluate the situation, advise the court what would protect the child’s interests, and take positions in court to safeguard those interests.

When will the court appoint a GAL for minor heirs?

• If anyone raises a concern that the proposed sale is not in a minor’s best interests.
• If the heirs’ parents or guardians have a potential conflict of interest with estate decisions.
• If the court believes the minor needs independent representation to evaluate the sale price, distribution of proceeds, or the terms of sale (e.g., life estate, right of first refusal, or special liens).
• Where large sums, complicated property interests, or unusual sale terms are at stake.

Who can ask the court to appoint a GAL?

An interested party can file a motion or a petition asking the court to appoint a GAL. Typical filers include the personal representative, a co-heir, a creditor, or the minor’s parent or guardian. The court may also appoint a GAL on its own initiative if it believes a minor needs independent representation.

How to request appointment and what the court will want

1. File a petition or motion in the probate (or circuit) court handling the estate or property case. Ask for appointment of a guardian ad litem for the identified minor(s) and explain why independent representation is needed.
2. Include factual information: the identity and ages of the minor heirs, the nature and value of the property, the proposed sale terms or outstanding disputes, and whether the parents or current guardians consent to the sale.
3. Propose a qualified GAL (often an attorney experienced in probate or juvenile matters) or ask the court to appoint one from its list.
4. Serve the petition on all interested parties, including the parents, the personal representative, and all other heirs.
5. The court will hold a hearing. The GAL—if appointed—will investigate and report to the court and may recommend appraisal, escrow arrangements, use of blocked accounts, or placing proceeds under a guardianship/conservatorship until the minor reaches majority.

Possible court orders and protections

When approving a sale involving minor heirs, the court commonly orders one or more protective measures, such as:

• Appointment of a GAL to represent the minor during sale proceedings.
• Independent appraisal(s) or broker opinions before approving the sale.
• Sale proceeds held in a blocked account or under the court’s supervision until the minor reaches majority or receives a court-authorized distribution.
• Appointment of a guardian of the estate (conservator) to manage the minor’s share long term if required.
• Specific sale conditions (e.g., obtaining court confirmation of any purchase by a related party or creditor arrangements).

GAL vs. guardian of the estate (conservator)

Don’t confuse a GAL with a guardian of the estate. A GAL is a short‑term, case‑specific advocate. A guardian of the estate (or conservator) is appointed to manage the minor’s assets over time. If the court finds ongoing management of the proceeds is necessary, it may appoint a guardian of the estate after or instead of a GAL. The court will choose the path that best protects the minor’s interests.

Relevant Michigan law and rules (where to look)

State law places probate and minor‑protection responsibilities with Michigan’s probate courts and includes rules governing cases involving minors. For background and procedures, consult:

• Michigan Courts — rules and practice pages (court rules on actions involving minors): https://courts.michigan.gov
• Michigan Legislature — the Estates and Protected Individuals Code (EPIC), which governs probate practice and administration: https://www.legislature.mi.gov

These resources explain the court’s authority to supervise estate sales and to appoint attorneys or guardians to protect minors. Because local practice and judicial procedures vary, the local probate court clerk’s office can often provide procedural forms and filing steps.

Example (hypothetical)

Hypothetical: A decedent dies owning farmland co‑owned by two adult heirs and two minor heirs (ages 8 and 12). The personal representative receives an offer below market value from a family friend. One adult heir objects and asks the court to review the sale. The court may appoint a GAL to evaluate whether selling now is in the minors’ best interest, order an independent appraisal, and require that any proceeds attributable to the minors be placed in a blocked account or under a guardian of the estate until they turn 18.

Helpful hints — practical steps to protect minor heirs’ interests

• Ask the probate court clerk what petition or motion form is required to request a GAL; procedures vary by county.
• Provide the court with an independent appraisal or broker’s market analysis when you ask for sale approval.
• If a proposed buyer is related to the estate or connected to the personal representative, emphasize that fact in your petition — courts scrutinize related‑party sales more closely.
• Consider asking the court to place a minor’s share in a blocked account or appoint a guardian of the estate if you expect the funds will need supervised management.
• Document all communications and offers in writing and share them with the court and the GAL if one is appointed.
• Remember that appointment of a GAL or conservator can create extra fees; ask the court who pays GAL fees and whether the estate can cover them.
• Get local legal help early. Probate and real‑property issues overlap; a lawyer can help frame the petition and advise whether the case should stay in probate court or move to circuit court for partition or sale.