By your situation · Parents with children under 18

Young families

Who has legal authority over minor children, who manages property they receive, and at what age they control it, with each rule cited to the Florida Statutes.

Florida law answers three questions for parents of minor children: who has legal authority over a child, who manages property the child receives, and at what age the child controls that property. The disability of nonage is removed at age 18 (§ 743.07(1), Fla. Stat. (2026)). Parents jointly are the natural guardians of their children during minority, and if one parent dies the surviving parent remains the sole natural guardian (§ 744.301(1), Fla. Stat. (2026)).

Guardian for the children. If no parent is living, a guardian for a minor may be appointed by the court on the petition of a parent, brother, sister, next of kin, or other person interested in the minor's welfare, without an incapacity adjudication (§ 744.3021(1), Fla. Stat. (2026)). The court considers the preference of a minor who is 14 or older (§ 744.312(3)(b), Fla. Stat. (2026)) and any person designated as guardian in a will in which the minor is a beneficiary (§ 744.312(3)(c)). A will is signed at the end before at least two attesting witnesses who sign in the presence of the testator and of each other (§ 732.502(1), Fla. Stat. (2026)).

Property the children receive. Natural guardians may receive property distributed from an estate or trust, life insurance and annuity proceeds, and benefit plan proceeds on behalf of a minor child, without appointment, authority or bond, only if the amounts received in the aggregate do not exceed $15,000 (§ 744.301(2)(c)-(e)). A trustee administers trust property in good faith under the trust's terms and purposes (§ 736.0801, Fla. Stat. (2026)), so the trust sets the ages at which a beneficiary receives distributions. Death benefits of life insurance, annuities and benefit plans may be made payable to the trustee of a trust in existence at the death of the insured (§ 733.808(1), Fla. Stat. (2026)).

Pre-need guardian declarations. A declaration under § 744.3045, Fla. Stat. (2026), names a guardian to serve if the declarant becomes incapacitated (§ 744.3045(1)). It addresses the parent's own incapacity. Naming a guardian for minor children after both parents' deaths is a separate question governed by §§ 744.3021 and 744.312.

The implications

What this means for you

Without a will, the statutes decide who inherits. A surviving spouse takes the entire intestate estate if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants (§ 732.102(2), Fla. Stat. (2026)). If the decedent has a descendant who is not the spouse's, the spouse takes one-half (§ 732.102(3)), and the rest descends to the decedent's descendants (§ 732.103(1), Fla. Stat. (2026)). With no surviving spouse, the entire intestate estate descends to the descendants (§ 732.103(1)).
Property that passes to a minor outright is managed by a guardian. Natural guardian authority without appointment or bond ends at $15,000 in the aggregate (§ 744.301(2)). The child controls the property at age 18 (§ 743.07(1)).
A guardian of the children and a trustee are separate roles. A court appoints a guardian for a minor (§ 744.3021(1)). The trust's terms name the successor trustee, and if the terms name none the qualified beneficiaries may appoint one by unanimous agreement, and failing that a court appoints one (§ 736.0704(3), Fla. Stat. (2026)). The statutes do not require one person to hold both roles.
Life insurance and benefit plan proceeds follow the beneficiary designation. A designation naming a minor child leaves the proceeds subject to the $15,000 limit on natural guardian authority (§ 744.301(2)(d)-(e)). A designation naming the trustee of a trust in existence at death directs the proceeds to be held under the trust's terms (§ 733.808(1)).
Homestead cannot be devised if a minor child survives the owner. The homestead is not subject to devise if the owner is survived by a spouse or minor child, except it may be devised to the spouse if there is no minor child (Art. X, § 4(c), Fla. Const.; § 732.4015(1), Fla. Stat. (2026)). A homestead held in the owner's revocable trust is treated the same way (§ 732.4015(2)). If not devised, it descends in the manner of other intestate property, except that a surviving spouse with surviving descendants takes a life estate with a vested remainder to the descendants (§ 732.401(1), Fla. Stat. (2026)).

The documents

Documents that apply

Each path below links to its page with the statutes and rules that apply.

Pour-over Will + Trust Package

Trust for property left to children, plus a will that can name a guardian and devise remaining probate property to the trustee

Revocable Living Trust

Trust only: names a trustee and sets when children receive property

Will + Guardianship Designation

Will that designates a guardian for the court to consider and directs distribution

The pitfalls

Common problems

Each item cites the statute or rule it comes from.

Relying on a conversation instead of a signed designation. The court considers any person designated as guardian in a will in which the minor is a beneficiary (§ 744.312(3)(c), Fla. Stat. (2026)). The person must be qualified: a Florida resident who is sui juris and 18 or older, or a nonresident in a listed relationship to the minor (§ 744.309(1)-(2), Fla. Stat. (2026)). A convicted felon or a person otherwise unsuitable cannot be appointed (§ 744.309(3)).
Using a pre-need guardian declaration for the children. Section 744.3045(1), Fla. Stat. (2026), applies to the declarant's own incapacity. It requires two attesting witnesses present at the same time (§ 744.3045(2)), may be filed with the clerk (§ 744.3045(3)), and produces a rebuttable presumption that the named person may serve (§ 744.3045(4)). A written declaration naming an alternate produces the same presumption if the first person refuses (§ 744.3045(6)).
Leaving property to the children outright. A minor controls property at 18 (§ 743.07(1), Fla. Stat. (2026)). Natural guardian authority over estate, trust, insurance and benefit plan proceeds stops at $15,000 in the aggregate (§ 744.301(2)). A trust can set later ages because the trustee administers under the trust's terms (§ 736.0801).
Using a custodianship without checking its end date. A custodian under the Florida Uniform Transfers to Minors Act transfers the property to the minor at 21 for transfers by gift or under a will or trust authorization, or at 18 for transfers under § 710.107 or § 710.108 (a fiduciary transfer made without authorization in the governing instrument is one of them) (§ 710.123(1)(a)-(b), Fla. Stat. (2026); gifts are governed by § 710.105, Fla. Stat. (2026), and transfers authorized by a will or trust by § 710.106, Fla. Stat. (2026)). A transferor can set the termination age at 25 for the first group (§ 710.123(1)(a)), but in a custodianship created by irrevocable gift the minor can compel distribution at 21 (§ 710.123(2)).
A beneficiary designation that names no working trustee. Proceeds payable to a trustee go to the personal representative of the person who made the designation if no trustee claims them within 6 months after the death or evidence shows there will be no trustee, unless an agreement with the insurer provides otherwise (§ 733.808(3), Fla. Stat. (2026)).
No successor trustee. A vacancy must be filled if the trust has no remaining trustee (§ 736.0704(2), Fla. Stat. (2026)), in the order of the trust's terms, unanimous agreement of the qualified beneficiaries, then the court (§ 736.0704(3)).
Not updating after a birth, adoption, marriage or divorce. Marriage, birth and adoption do not revoke a will, but a child born or adopted after the will who is omitted receives an intestate share unless the omission was intentional or the testator had children and devised substantially all of the estate to the other parent, who survives (§ 732.507(1), § 732.302, Fla. Stat. (2026)). Marriage, birth and adoption also do not revoke a revocable trust (§ 736.1105(1), Fla. Stat. (2026)). Dissolution of marriage voids will and revocable trust provisions that affect the former spouse, unless an exception applies (§ 732.507(2), § 736.1105(2)).

The FAQ

Frequently asked questions

Who raises my minor children if both parents die?+−

A court appoints a guardian on petition. A parent, brother, sister, next of kin, or other interested person may petition, and no incapacity adjudication is required (§ 744.3021(1), Fla. Stat. (2026)). If one parent survives, that parent remains the sole natural guardian (§ 744.301(1)). The court considers the preference of a minor 14 or older and any person designated as guardian in a will in which the minor is a beneficiary (§ 744.312(3)(b)-(c)). If no standby or preneed guardian is appointed, the court may appoint any fit, proper and qualified person and gives preference to a person related by blood or marriage, with relevant experience, with capacity to manage the financial resources, or able to meet the unique needs of the case (§ 744.312(2)).

Can a will name a guardian for my children?+−

A will can designate a guardian, and the court must consider that designation if the minor is a beneficiary of the will (§ 744.312(3)(c), Fla. Stat. (2026)). The designation does not bind the court. The court appoints only a qualified person and may weigh the other factors in § 744.312(2) and (3). The will itself needs a signature at the end and at least two attesting witnesses who sign in the presence of the testator and of each other (§ 732.502(1)).

Does a pre-need guardian declaration name a guardian for my children?+−

No. A pre-need guardian declaration names a person to serve as guardian if the declarant becomes incapacitated (§ 744.3045(1), Fla. Stat. (2026)). It must reasonably identify the declarant and the preneed guardian and be signed before at least two attesting witnesses present at the same time (§ 744.3045(2)). It may be filed with the clerk, who produces it when a petition for incapacity is filed (§ 744.3045(3)). Production creates a rebuttable presumption that the named person is entitled to serve, and the court is not bound to appoint a person it finds unqualified (§ 744.3045(4)). The preneed guardian petitions for confirmation within 20 days after assuming duties (§ 744.3045(7)).

What age do children receive an inheritance in Florida?+−

Property left to a child outright is the child's at 18, because the disability of nonage is removed at 18 (§ 743.07(1), Fla. Stat. (2026)). A trust sets its own distribution ages because the trustee administers the trust in accordance with its terms and purposes (§ 736.0801, Fla. Stat. (2026)). A custodianship under the Florida Uniform Transfers to Minors Act ends at 21 for gifts and for transfers authorized by a will or trust, with a transferor option of 25 (§ 710.123(1)(a), Fla. Stat. (2026)).

What happens if a minor inherits money and no trust exists?+−

Natural guardians may collect, manage and dispose of property distributed to the minor from an estate or trust, and proceeds of life insurance, annuities and benefit plans, without appointment, authority or bond only if the amounts received in the aggregate do not exceed $15,000 (§ 744.301(2)(c)-(e), Fla. Stat. (2026)). The same $15,000 figure applies to settlements of a minor's claims without bond, and a legal guardianship is required when the net settlement exceeds $15,000 (§ 744.387(2), Fla. Stat. (2026)).

Can life insurance proceeds be paid to a trust for the children?+−

Yes. Death benefits of life insurance, group insurance, benefit plans, annuities and health or accident policies may be made payable to the trustee under a trust agreement in existence at the death of the insured, owner, or participant, and the trustee holds them under the trust's written terms (§ 733.808(1), Fla. Stat. (2026)). The trust does not need other property (§ 733.808(1)). Proceeds so paid are not part of the decedent's estate and are not subject to estate administration expenses or obligations beyond what applies to the same proceeds payable directly to the trust's beneficiaries, unless the trust agreement, declaration of trust or will expressly refers to § 733.808(4) and directs that it does not apply (§ 733.808(4)). If no trustee claims the proceeds within 6 months after death, they are paid to the personal representative of the person who made the designation (§ 733.808(3)).

How do retirement accounts work for minor children?+−

A benefit plan as defined in § 710.102, Fla. Stat. (2026), is one of the death benefits that may be made payable to a trustee (§ 733.808(1)(c)). Without such a designation, a natural guardian's authority to receive benefit plan proceeds for a minor without appointment or bond is limited to $15,000 in the aggregate (§ 744.301(2)(e)). Federal income tax rules for inherited retirement accounts are outside the sources used for this page.

Does having another child require changing the plan?+−

Birth or adoption does not revoke a will (§ 732.507(1), Fla. Stat. (2026)) or a revocable trust (§ 736.1105(1), Fla. Stat. (2026)). A child born or adopted after a will is made and omitted from it receives an intestate share unless the omission appears intentional or the testator already had children and devised substantially all of the estate to the other parent, who survives and is entitled to take (§ 732.302, Fla. Stat. (2026)). A review confirms that the guardian, trustee and distribution terms still name the intended persons for every child.

What happens to the family home if one parent dies?+−

If the owner is survived by a spouse or minor child, the homestead cannot be devised, except to the spouse when there is no minor child (Art. X, § 4(c), Fla. Const.; § 732.4015(1), Fla. Stat. (2026)). If not devised, a surviving spouse with surviving descendants takes a life estate with a vested remainder to the descendants, or may elect within 6 months after death an undivided one-half interest as a tenant in common (§ 732.401(1)-(2), Fla. Stat. (2026)). Homestead held in a revocable trust is treated as owned by the grantor for this purpose (§ 732.4015(2)).

In short

Florida law separates the guardian of a minor, the trustee who manages property for the minor, and the age at which the minor controls it. Each is set by a different statute, listed in the Sources below.

Last checked: October 19, 2026

Sources

Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site.

§ 744.301, Fla. Stat. (2026), Natural guardians. The Florida Senate. Parents as natural guardians; $15,000 aggregate limit on authority without appointment or bond Plain-English page on this site.
§ 744.3021, Fla. Stat. (2026), Guardians of minors. The Florida Senate. Court appointment of a guardian for a minor on petition
§ 744.312, Fla. Stat. (2026), Considerations in appointment of guardian. The Florida Senate. Court considers a minor's preference at 14 and will designations
§ 744.309, Fla. Stat. (2026), Who may be appointed guardian of a resident ward. The Florida Senate. Qualifications and disqualifications of a guardian
§ 744.3045, Fla. Stat. (2026), Preneed guardian. The Florida Senate. Declaration naming a guardian for the declarant's own incapacity Plain-English page on this site.
§ 744.387, Fla. Stat. (2026), Settlement of claims. The Florida Senate. $15,000 limit on settling a minor's claims without bond Plain-English page on this site.
§ 743.07, Fla. Stat. (2026), Rights, privileges, and obligations of persons 18 years of age or older. The Florida Senate. Age of majority
§ 732.102, Fla. Stat. (2026), Spouse's share of intestate estate. The Florida Senate. Spouse's share when children survive Plain-English page on this site.
§ 732.103, Fla. Stat. (2026), Share of other heirs. The Florida Senate. Descendants take the rest of an intestate estate Plain-English page on this site.
§ 732.401, Fla. Stat. (2026), Descent of homestead. The Florida Senate. Life estate and remainder; spouse's one-half election Plain-English page on this site.
§ 732.4015, Fla. Stat. (2026), Devise of homestead. The Florida Senate. No devise of homestead if a minor child survives; revocable trust homestead Plain-English page on this site.
§ 732.302, Fla. Stat. (2026), Pretermitted children. The Florida Senate. Share of a child born or adopted after the will Plain-English page on this site.
§ 732.507, Fla. Stat. (2026), Effect of subsequent marriage, birth, adoption, or dissolution of marriage. The Florida Senate. Will not revoked by marriage, birth or adoption; divorce voids spouse provisions Plain-English page on this site.
§ 732.502, Fla. Stat. (2026), Execution of wills. The Florida Senate. Signing and witnessing a will Plain-English page on this site.
§ 733.808, Fla. Stat. (2026), Death benefits; disposition of proceeds. The Florida Senate. Insurance and benefit plan proceeds payable to a trustee
§ 736.0704, Fla. Stat. (2026), Vacancy in trusteeship; appointment of successor. The Florida Senate. Order for filling a trustee vacancy Plain-English page on this site.
§ 736.0801, Fla. Stat. (2026), Duty to administer trust. The Florida Senate. Trustee administers under the trust's terms
§ 736.1105, Fla. Stat. (2026), Effect of subsequent marriage, birth, adoption, or dissolution of marriage. The Florida Senate. Revocable trust not revoked by marriage, birth or adoption
§ 710.102, Fla. Stat. (2026), Definitions. The Florida Senate. Defines benefit plan; minor under the Uniform Transfers to Minors Act
§ 710.105, Fla. Stat. (2026), Transfer by gift or exercise of power of appointment. The Florida Senate. Irrevocable gift to a custodian for a minor
§ 710.106, Fla. Stat. (2026), Transfer authorized by will or trust. The Florida Senate. Personal representative or trustee transfer to a custodian as authorized in the will or trust
§ 710.123, Fla. Stat. (2026), Termination of custodianship. The Florida Senate. Ages at which a custodianship ends
Art. X, § 4, Fla. Const., Homestead; exemptions. The Florida Senate.

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