Chapter 744 — Guardianship

Florida Statute 744.301

“Natural guardians”

What it means

Parents are their minor children's natural guardians — jointly while both are living, the surviving parent alone after one dies. Natural guardianship is automatic; no court appoints it.

The dollar limit is the part probate touches. Without any court appointment, authority, or bond, a natural guardian may collect and manage what a minor receives — settlement proceeds, estate and trust distributions, life insurance and benefit-plan payments — only while the amounts received stay within $15,000 in the aggregate. Above that line, Chapter 744 requires a court-appointed guardian of the property. The section also lets natural guardians waive a child's claims for inherent risks of commercial activities, under strict notice rules.

— What it says

Parents are joint natural guardians of their minor children; a surviving parent continues alone — no court appointment involved.
A natural guardian may receive a minor's settlements, inheritances, and insurance proceeds only up to $15,000 in the aggregate.
Above $15,000, the money requires a court-appointed guardian of the property under Chapter 744.
Pre-injury waivers for inherent risks of commercial activities are allowed — only with the statute's uppercase warning notice (at least 5 points larger than surrounding text), and validity is only rebuttably presumed.
A natural guardian may not use the ward's property for the guardian's own benefit or to satisfy the guardian's support obligation.

— In a real probate

How it plays out

The $15,000 line is the first thing we check when a minor stands to inherit. At or under it, a parent simply receives the money as natural guardian and no court is involved. A dollar over, and the estate cannot safely distribute to the parent — a guardian of the property must be appointed, with bond, annual accountings, and court approval of spending, and whatever remains goes to the child outright at 18. A trust written into the will avoids the whole apparatus, which is why we raise it whenever young children are among the beneficiaries.

Where this shows up

Pages on this site where § 744.301 does real work:

Related sections

§ 744.387Settlement of claims § 744.3046Preneed guardian for minor § 744.331Procedures to determine incapacity § 733.301Preference in appointment of personal representative § 732.103Share of other heirs

Questions people ask

Can a parent just hold a Florida minor's inheritance?

Only up to $15,000 in the aggregate. Florida Statute 744.301(2) lets a natural guardian receive and manage a minor's money without court appointment or bond up to that cap; beyond it, a court-appointed guardian of the property is required.

Are parental liability waivers enforceable in Florida?

Within limits. Florida Statute 744.301(3) lets a natural guardian waive a child's claims for injury or death from the inherent risks of a commercial activity — only with the required uppercase warning notice, and the waiver's validity is presumed rebuttably, not conclusively.

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 744.301