Can a court appoint a guardian ad litem for minor heirs before selling inherited land in Virginia?

Short answer: Yes — in Virginia you can ask the court to appoint a guardian ad litem (GAL) to represent minor heirs’ interests before selling inherited real property. Courts commonly appoint a GAL (or otherwise protect a minor’s interest through a guardian of the property or by requiring court confirmation of the sale) when minors are parties to a probate, partition, or civil action involving real estate.

Detailed answer — what the law allows and how it works in Virginia

Virginia law gives courts tools to protect minors who have an ownership interest in real estate. Those tools include appointing a guardian ad litem to represent the minor’s legal interests in a specific action, appointing a guardian of the property (in some cases), and requiring court approval for the sale of property that belongs to minors or is subject to probate. Relevant state law and court practice on fiduciaries, probate, and civil procedure appear in the Code of Virginia; useful starting places to read the statutes and guidance are the Code’s Title 8.01 (civil procedure) and Title 64.2 (wills, trusts, and fiduciaries): Title 8.01 — Civil Remedies and Procedure and Title 64.2 — Wills, Trusts, and Fiduciaries. For practical court information, local circuit courts handle probate, guardianship, and partition matters.

Which court? Depending on how the heirs hold the property and the context of the sale, one of these lawsuits or proceedings will normally control:

Probate administration (if the property is being sold by a personal representative as part of administering an estate).
Partition or ownership disputes (circuit court handles partition actions when co-owners cannot agree).
Guardianship or conservatorship proceedings (if a guardian of property is needed for a minor).

When minors are involved, the court’s routine protections include:

Appointment of a guardian ad litem (GAL) or counsel to represent the minor’s interests in the specific case.
Requiring notice to the minor’s parent(s), guardian(s), and any interested parties.
Requiring the court to review and approve the sale to confirm it is fair and in the minor’s best interests (which may include comparing the sales price to appraisals, requiring escrow, or ordering a bond).

Typical scenarios:

If a decedent’s real estate is in probate and the executor or administrator wants to sell the land, the court may require notice and may appoint a GAL to represent any minor heirs before approving the sale or distribution.
If co-owners (including minors) cannot agree about selling inherited land, a partition action can be filed; the court will appoint a GAL to represent any infant (minor) co-owner during the partition and sale process.
If a minor owns property outright and someone seeks to sell or encumber it, an interested party can petition the circuit court to appoint a GAL or a guardian of the property so the court can protect the minor’s interest.

What the GAL does: The guardian ad litem investigates the facts, reviews offers, consults with appraisers or real estate professionals if needed, and recommends to the court whether the proposed sale is in the child’s best interest. The GAL’s report and the court’s hearing help the judge decide whether to authorize the sale, impose conditions (escrow, bond, reduced commissions), or reject the transaction.

How to ask the court to appoint a guardian ad litem — step-by-step

Identify the correct court: probate or the circuit court where the estate or property dispute is pending. If no proceeding exists yet, file the appropriate petition (probate petition, petition for partition, or petition to approve sale of minor’s property).
File a motion or petition asking the court to appoint a guardian ad litem (or guardian of the property) for the minor heirs. The petition should explain the minor’s interest in the property and why protection is needed.
Provide proper notice to interested parties and the minor’s parent(s) or existing legal guardian(s). The court will set a hearing.
At the hearing the court may appoint a GAL, order an appraisal, require additional notice, or set terms for the sale (escrow, confirmation hearing, bond, etc.).
If the court authorizes a sale, it may require a final confirmation hearing to ensure the sale proceeds were fair and that the minor’s share is protected.

Practical considerations and common court protections

Independent appraisal — the court often orders an appraisal before approving a sale to confirm the price is fair.
Escrow or bond — the court may require funds to be held in trust or require a bond to protect the minor’s proceeds until the minor reaches majority or until further court order.
Attorney and GAL fees — the court may approve payment of reasonable GAL or attorney fees from the minor’s share; the petition should address how fees will be paid.
Length of process — court approval and appointment of a GAL add time to a sale. Expect additional hearings, filings, and possibly appraisal and advertising requirements.

Hypothetical example

Example: A parent dies leaving a 40-acre parcel to three children, two of whom are adults and one who is 12. The adult children want to sell. If the sale goes forward through the probate estate or by a partition action the circuit court will need to protect the 12-year-old’s interest. Either the administrator (if selling in probate) or a co-owner (if filing partition) would petition the circuit court to appoint a GAL for the minor. The court would review the proposed sale, likely order an appraisal, appoint a GAL to review the deal, and approve the sale only if it finds the price and terms fair to the minor. The court may order the minor’s proceeds held in trust or under court supervision until the minor turns 18.

When to hire an attorney

Because probate, partition, and guardianship procedures can be complex, consider hiring a Virginia attorney who handles estate administration or real estate litigation. An attorney can:

Identify the correct court and the proper type of petition.
Prepare the filings and notices required for a GAL appointment and sale approval.
Advise about appraisal, escrow, and bond requirements and protect the minor’s share during/after sale.

Local circuit court clerks can explain filing procedures but cannot give legal advice.

Helpful Hints

Start by confirming whether the property is in probate. If it is, the personal representative often must seek court permission to sell.
If no probate exists and co-owners disagree, a partition action in circuit court will likely be necessary.
Request appointment of a guardian ad litem as early as possible to avoid delays later in the sale process.
Expect the court to require an independent appraisal or fair-market-value evidence before approving the sale.
Ask the court to order funds from the sale to be held in escrow or invested for the minor until the court directs distribution.
Budget for GAL and attorney fees — the court can authorize reasonable payment from the minor’s share, but the court will scrutinize such fees.
Keep clear records and provide full disclosure of offers and appraisal materials to the GAL and the court.

Key resources: Browse the Code of Virginia for relevant statutes and procedures at the Virginia Legislative Information System: https://law.lis.virginia.gov/. See Title 8.01 (civil procedure) and Title 64.2 (wills, trusts, and fiduciaries) for statutory authority.

Disclaimer: This article explains general Virginia law and common court practice. It is educational only and not legal advice. For advice about a specific situation, consult a licensed Virginia attorney.