Usually property cannot be distributed to minor unless a guardian has been appointed for the minor’s estate. There are some exceptions, however, if the amount to be distributed is small, the decedent’s will names a custodian to receive the minor’s property or the minor has a court-appointed guardian.
If there is no appointed guardian, and the decedent did not nominate a custodian to receive the minor’s property but the total estate of the minor (what the minor already owns plus what they are inheriting) does not exceed $5,000, then money or other personal property being inherited by the minor may be delivered to a parent of the minor. They can hold it in trust for the minor until they reach age 18.
If the minor has no guardian of the estate and the decedent did not nominate a custodian, but the property to be transferred does not exceed $10,000 in value, the personal representative may, under certain conditions, designate another adult as custodian. These conditions are:
- The personal representative must believe the transfer is in the best interest of the minor
- The will must not prohibit the transfer or contain provisions inconsistent with the transfer.
If money is to be distributed to a minor, the court may order that the money be deposited in a bank account, subject to court supervision.