Detailed Answer — How a Missouri Court Can Protect Minor Heirs When Real Property Is Sold

Short answer: Yes. In Missouri you can ask the probate or circuit court handling the estate or property action to appoint a guardian ad litem (GAL) to protect the legal and financial interests of minor heirs before a sale of inherited land goes forward. The court has the authority to appoint a GAL when minors’ interests may be affected, and it will consider whether appointment is necessary to ensure the sale is fair and in the minors’ best interests. See Missouri guardianship law: RSMo Chapter 475.

What a guardian ad litem does in these cases

Investigates the facts affecting the minor’s interest in the property (ownership share, liens, encumbrances, potential conflicts among heirs).
Advises the court on whether the proposed sale, partition, or settlement is in the minor’s best interest.
Participates in hearings, negotiations, and settlement discussions on behalf of the minor.
May recommend conditions for approval (e.g., independent appraisal, sale at public auction, or placing proceeds into a blocked account or conservatorship).

When courts commonly appoint a guardian ad litem

In practice Missouri courts often appoint a GAL when:

One or more heirs are minors and a proposed sale might dilute their share or create a conflict of interest with adult heirs or the personal representative/executor.
The sale is to a related party (e.g., co-heir, trustee, or someone with a potential conflict) and the court wants independent review.
The case involves partition, quiet title, or contested probate proceedings where a minor’s rights are directly at issue.

Which court and how to ask

If the property is being sold through probate, file a formal motion or suggestion with the probate division of the circuit court handling the estate. If the sale arises from a separate civil action (partition, quiet title), file the request in the pending circuit court case. Typical steps:

Prepare a written motion (or petition) explaining the minors’ interests, the proposed sale details, and any potential conflicts or risk to the minors.
Ask the court to appoint a guardian ad litem to represent each minor heir or to represent the minor class generally, as the situation requires.
Propose a qualified person (often an attorney experienced in probate/real estate) or ask the court to appoint one; include a statement about fees and who should pay them (usually the estate or proceeds from the sale).
Serve the motion on all parties and the minors’ parents or guardians; attend the hearing and be prepared to explain why a GAL is necessary.

Who can serve as the guardian ad litem and who pays?

A GAL is often a lawyer, but courts may appoint another suitable adult when allowed by law and court rule. The court will evaluate qualifications and potential conflicts before appointing. In many probate and property-sale situations the court will order the estate or sale proceeds to pay GAL fees; the court has discretion on fees and cost allocation.

How appointment affects the sale

The court may delay approving or confirming a sale until the GAL completes investigation and reports back.
The GAL can negotiate for better sale terms or recommend conditions (e.g., independent appraisal, sale by public auction, competitive bidding, or placing proceeds in a blocked account or conservatorship for the minor).
If the court approves the sale, it does so with the GAL’s report in mind, which reduces later challenges based on inadequate representation of minors.

Hypothetical example

Suppose an executor wants to sell a parcel inherited by three adult heirs and one 10-year-old heir. The executor proposes selling the land to one of the adult heirs at a private price. Concerned family members file a motion asking the probate court to appoint a GAL for the 10-year-old because the sale to a related party may not reflect fair market value. The court appoints a GAL (an attorney). The GAL orders an independent appraisal, reviews competing offers, and recommends the sale be handled by public auction to maximize price. The court approves sale only after following the GAL’s recommendations and directs the estate to pay the GAL’s reasonable fees from the sale proceeds.

Practical considerations and timing

Ask for GAL appointment early — before the sale is finalized. Late objections can complicate and delay closing and may lead to costly litigation.
Provide the court with information: the minors’ shares, proposed sale terms, appraisal(s), and any conflicts of interest.
Expect the court to require either proof of fair market value (appraisal) or a transparent sale process if minors are involved.
Be prepared for the court to require funds to be held in a blocked account, conservatorship, or other court-supervised arrangement for the minor’s benefit.

Where to look in Missouri law

Missouri’s guardianship and conservatorship provisions give courts authority to appoint guardian-type advocates to protect vulnerable parties. See Missouri Revised Statutes, Chapter 475 (Guardians and Conservators): https://revisor.mo.gov/main/OneChapter.aspx?chapter=475. Local circuit court rules and probate procedures also control precise filing practice and fee allocation; check the rules for the county where the estate or property action is filed.

When to hire an attorney

If you represent an executor, co-heir, or interested party, consult a probate or real estate attorney who regularly handles estate sales and representation for minors. An attorney can draft the motion, propose a qualified GAL, and present the position at the court hearing. If you are the minor’s parent or guardian, an attorney or GAL can protect the child’s financial interests and avoid improvident sales.

Helpful Hints

Collect basic estate documents: death certificate, will, letters testamentary/letters of administration, inventory, proposed sale contract, and any appraisals.
File the GAL request before signing a final purchase agreement or closing; courts dislike retroactive attempts to cure inadequate representation.
Ask the court for an independent appraisal and transparent sale method (auction or sealed bids) if a related-party purchase is proposed.
Propose that GAL fees be paid from estate funds or sale proceeds so minors are not personally billed.
If uncertain which court has jurisdiction, contact the probate clerk in the county where the decedent lived or where the land is located; clerks can explain local filing steps.
Remember a GAL’s job is to protect the child’s financial interest, not to represent the family’s emotional wishes.

Disclaimer: This article explains general Missouri procedures and is educational only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Missouri attorney familiar with probate and real property matters.