Detailed Answer

Yes. In Tennessee you can ask a court to appoint a guardian ad litem (GAL) to represent the legal interests of minor heirs when you seek court approval to sell inherited real property. Courts commonly appoint GALs or other fiduciaries to protect minors’ rights in estate and property matters. The exact procedure and the court that handles the request depend on how the estate is being administered (probate, administration, or partition) and on local practice (probate court, chancery court, or circuit court).

Legal authorities and where to look

State procedural rules provide the basic authority to appoint a guardian ad litem in civil matters. See the Tennessee Rules of Civil Procedure (search the rules for the provisions relating to infants, incompetents, and appointment of guardians ad litem): Tennessee Rules of Civil Procedure. Tennessee statutes governing guardians, guardianship powers, and guardians of estates appear in the Tennessee Code; for statutes and chapter indexing see the Tennessee Code index at the Tennessee General Assembly site: Tennessee Code (official).

How it usually works (typical steps)

1. Determine jurisdiction and case type. If an estate is open in probate or the heirs are in a partition action in chancery or circuit court, you must file in the correct court. Probate courts handle estate administration in many counties; chancery or circuit courts handle some property disputes.
2. Identify the minor heirs and their needs. You must show who the minors are, their relationship to the decedent, and why a GAL is needed (for example, to evaluate whether a sale is in the minors’ best interests, to receive notice, or to consent to a sale). Courts appoint GALs when minors lack a legal representative for the particular litigation or transaction.
3. File a petition or motion. File a petition asking the court to appoint a GAL for the minor heirs. If you also seek approval to sell the inherited land, combine that request (petition to sell real property and for appointment of a GAL) or file a separate motion to appoint the GAL before final sale approval.
4. Provide notice and supporting papers. Serve the petition/motion on all interested parties (other heirs, the personal representative or administrator, any known guardians). Attach an explanation of the proposed sale (terms, buyer, price or method such as auction), appraisals or valuations, and why a GAL is necessary.
5. Court appointment and GAL duties. The court reviews the request. If it finds appointment appropriate, it will appoint a GAL to represent each minor’s interests in the matter. The GAL will investigate, advise the court, and may join hearings. The court may also appoint a guardian of the estate (or require a guardian be appointed) if the minor will need ongoing management of funds or property.
6. Court approval of the sale with safeguards. If the court approves the sale, it will typically issue an order describing the sale terms, what protections are required for minors (for example, requiring proceeds be placed in a blocked account or conservatorship), and how funds will be distributed or preserved for the minors.

Why a court-appointed GAL matters before a sale

• Protects the minor’s legal and financial interests during the sale.
• Reduces risk of future challenges to the sale by a minor when they reach majority.
• Ensures independent review of whether the sale price and terms are fair and in the minors’ best interest.
• Helps the court decide whether proceeds should be handled in a special (blocked) account or under a guardianship/conservatorship.

Common outcomes courts may order

The court may:

• Appoint a GAL to represent the minor for the transaction only.
• Require appointment of a guardian of the estate if the minor needs ongoing management of property or funds.
• Approve the sale with conditions (e.g., sale at public auction, minimum price, appraisal requirement).
• Order sale proceeds to be placed in a blocked account at a financial institution, or to be placed under a conservatorship or guardianship for the minor.

Hypothetical example (illustration)

Suppose you are the administrator of an estate that includes a tract of land valued at $90,000. Two adult siblings and one 10-year-old nephew are heirs. You plan to sell the land to pay estate debts and distribute net proceeds. You would file a petition in the probate court asking (1) for approval to sell the land, and (2) for appointment of a guardian ad litem to represent the 10-year-old’s interests. The court may appoint a GAL, review the sale terms (auction vs. private sale), require an independent appraisal, and order sale proceeds for the minor be deposited in a blocked account until the minor reaches majority or a guardian of the estate is appointed.

When the court may deny a GAL request

The court might deny appointment if a capable legal guardian or guardian of the estate already represents the minor’s interests, if the proposed sale poses no substantial risk to the minor, or if the petition lacks adequate factual support. The court decides based on the minor’s protection and due process.

Practical tips and timeline

Timeline varies by county and complexity. Expect several weeks to a few months: time for filings, service of notice, appointment order, GAL investigation, and hearing(s). If the court requires a guardian of the estate to be appointed, that adds time.

Where to get more precise statutory or local rule guidance

Search the Tennessee Rules of Civil Procedure at the Tennessee Courts website for the rule(s) on infants and appointment of guardians ad litem: https://www.tncourts.gov/rules/tennessee-rules-civil-procedure. For statutes and specific code chapters on guardianship and the powers/duties of guardians, use the Tennessee Code search at the Tennessee General Assembly website: https://www.capitol.tn.gov/legislation/statutes.html. Local court clerks or the court’s website can tell you whether your county’s probate or chancery court handles the matter and what local forms and fees apply.

Helpful Hints

• Hire a probate or estate attorney familiar with Tennessee practice. They can draft the petition, gather appraisals, and represent the estate at hearings.
• Before filing, obtain at least one independent appraisal so the court can assess fairness of sale price.
• Provide full notice to all heirs and interested parties; failure to notify can delay or undo the sale.
• Be ready to explain why an appointment is necessary for the minors (risk of unfair sale, lack of guardian, or significant value at stake).
• Expect the court to require protective measures for proceeds—blocked accounts, bonds, or appointment of a guardian of the estate.
• Keep detailed records of the sale process, appraisals, advertisements, bids, and distributions; the court will review them.
• If time is sensitive (e.g., pending purchase contract), ask the court for expedited relief and explain any hardship; courts sometimes accelerate hearings for urgent situations.

Disclaimer: This article explains general Tennessee procedures and common practices. It is educational only and is not legal advice. For advice about a specific situation, consult a licensed Tennessee attorney who handles probate, guardianship, and real property matters.