What Happens When Minors Inherit Assets in Florida Probate?

When a child is named as a beneficiary in a will or becomes an heir through intestate succession, the probate process becomes more complicated. Minors inheriting assets in Florida probate cannot simply receive money or property the same way an adult beneficiary can. Because minors lack legal capacity to manage assets, Florida law provides safeguards to protect their inheritance.

This issue commonly arises when a parent, grandparent, or relative leaves money, real estate, life insurance proceeds, or personal property to a child under 18.

Can a Minor Directly Receive an Inheritance?

In many cases, no. A minor cannot legally control inherited assets on their own. If the inheritance is small, Florida law allows natural guardians, usually the parents, to collect and manage certain property on behalf of the child without formal court appointment, if the aggregate amount does not exceed $15,000. Florida Statutes §744.301 allows natural guardians to collect, receive, manage, and dispose of real or personal property distributed from an estate or trust within that limit.

If the inheritance exceeds the statutory threshold, a guardianship of the property may be required.

What Is a Guardian of the Property?

A guardian of the property is appointed by the court to manage assets belonging to a minor. The guardian must act in the minor’s best interests, keep careful records, and follow court supervision.

Florida law requires guardians with authority over property to protect and preserve the property, invest it prudently, keep accurate records, and deliver the property to the person lawfully entitled to it when the guardianship ends.

Why Guardianship Can Be Complicated

Guardianship can protect the child, but it can also create delays and expenses. The guardian may need to file reports, accountings, and petitions for court approval before using funds. The money is generally preserved for the child’s benefit until the child reaches adulthood.

This can surprise families who assumed a parent could simply accept the inheritance and use it informally.

Better Estate Planning Options

To avoid probate complications for minors, families can plan ahead with:

• Testamentary trusts
• Revocable living trusts
• Uniform Transfers to Minors Act accounts
• Proper beneficiary designations
• Named trustees or custodians

A trust is often the better option because it allows the person creating the estate plan to specify when and how the child receives funds. For example, instead of receiving everything at 18, the trust can provide staged distributions at later ages.

Final Thoughts

Minors inheriting assets in Florida probate require careful handling. Without proper planning, a court-supervised guardianship may be necessary, adding time, cost, and oversight to the process.

📞 Need help planning for minor beneficiaries or managing a child’s inheritance in probate? Contact our Florida estate planning attorneys today.