One of the most heartbreaking situations in probate law is when a minor child loses a parent. A common question that arises is: Can a minor inherit under an estate? The simple answer is no; minors cannot directly inherit property or money until they reach the age of 18.
What Happens When a Minor Inherits?
If a minor is set to inherit through a parent’s Last Will and Testament or as an heir at law (in cases where there is no Will), the inheritance process involves extra steps. Because a minor cannot legally manage their inheritance, a guardianship must be established in probate court.
Establishing Guardianship for the Inheritance
Here’s how it works:
- A guardian will be appointed by the probate court to manage the minor’s inheritance. This guardian is responsible for overseeing the funds or property on behalf of the minor until they turn 18.
- The court continues to supervise the guardianship to ensure the minor’s inheritance is managed properly. The funds are held in the guardianship account until the minor reaches the legal age of adulthood.
Need Help with Probate or Guardianships?
Navigating the probate process, especially when it involves minors, can be complex and emotional. If you have questions about the probate process or establishing guardianships for minor children, We are here to help.
