Naming Guardians for Minor Children in a Florida Estate Plan

Naming a guardian for your minor children in a Florida estate plan means using your will to nominate the person who will raise your children and, separately, the person who will manage assets left to them if both parents die or become incapacitated. Under Florida law a court makes the final appointment, but a parent’s written nomination carries real weight and is, in practice, almost always honored when the named person is fit and willing to serve. For business owners, the guardianship decision is doubly important: the person caring for your kids may be different from the person you trust to steward a company, real estate, or other inherited wealth on their behalf.

I have sat across the table from a lot of Miami parents who built something worth passing down. They came in to talk about LLCs, buy-sell agreements, and tax exposure. Almost every time, the conversation that actually changes the room is the one about who raises the kids. That decision belongs in your estate plan, and Florida gives you a specific, statutory way to make it.

What a Guardian of a Minor Actually Does in Florida

Florida draws a distinction that trips up a lot of people. There are two separate roles, and one person does not have to fill both.

• Guardian of the person. This is the day-to-day parent figure. They decide where the child lives, what school they attend, what medical care they receive, and how they are raised.
• Guardian of the property. This is the money manager. They handle any assets the child owns or inherits until the child reaches 18 (or longer, if you use a trust). They answer to the court, file annual accountings, and post a bond.

Guardianship of minors in Florida is governed primarily by Chapter 744, Florida Statutes. A minor’s guardianship of the property becomes necessary whenever a child is entitled to receive money or property and the amount exceeds the small-dollar threshold the statute allows a parent to receive directly. The practical takeaway: if your child inherits anything of meaningful value outright, a court-supervised guardianship of the property is the default. That process is slow, public, and expensive, with annual reporting and attorney involvement for years. Most families want to avoid it, and you can.

Why the Two Roles Are Often Different People

Your sister may be the warmest, steadiest person to raise your children. She may also be terrible with money, or simply have no interest in running the family business until your son turns 25. That is fine. You can name her as guardian of the person and name a different individual, or a corporate trustee, to handle the assets through a trust. Splitting the roles is not a sign of distrust. It is a sign that you thought it through.

How to Nominate a Guardian Under Florida Law

The cleanest way to nominate a guardian for your minor children is in your last will and testament. Florida law gives a parent the right to nominate, by will, a guardian for a child. There is also a separate device, a preneed guardian designation, authorized under section 744.3046, Florida Statutes, which lets a parent name a guardian in a stand-alone written declaration filed with the clerk of court. The preneed declaration is useful because it can also cover a parent’s own incapacity, not just death, and the named guardian gains authority quickly upon filing a petition.

A few things matter for the nomination to actually hold up:

1. The will must be valid. Florida requires the will to be in writing, signed by the testator, and witnessed by two people who sign in the presence of the testator and each other (sections 732.502, Florida Statutes). A nomination buried in an invalid will helps no one.
2. The court still confirms fitness. A judge will not appoint someone who is disqualified under the statute, such as a person who has been convicted of a felony or who is otherwise incapable of serving. Your nomination is a strong recommendation, not an override of the child’s best interests.
3. Name backups. Always name at least one alternate. People move, get sick, divorce, or decline the role. A single name with no contingency is the most common gap I fix.

If you live in Miami-Dade and you only have a “guardianship” line in a form will you downloaded years ago, treat that as a starting point, not a plan. The mechanics of how the nomination interacts with a trust, and who controls the money, are where families get hurt.

The Business Owner’s Problem: Who Runs the Company for the Kids?

Here is the scenario I see most often in our practice. A married couple owns a successful business, a few rental properties, maybe a building. They name a guardian for the children and feel done. They are not done.

If the business passes to minor children with no structure, control of that business can land in a court-supervised guardianship of the property. Imagine a judge, a guardian, and an attorney signing off on operational decisions, annual accountings filed for a closely held company, and a forced sale or freeze while everyone waits for instructions. That is not stewardship. That is paralysis.

The fix is a revocable living trust paired with the guardianship nomination. The trust holds the business interest and other assets, names a trustee you actually trust to run or oversee them, and spells out how distributions are made for the children’s benefit. The guardian raises the kids; the trustee runs the wealth; the two coordinate. No annual court accountings, no guardianship of the property, and your succession wishes for the business are written down rather than improvised.

For families with a New York connection, whether a second home, an out-of-state business, or relatives who may serve, it is worth coordinating the Florida plan with counsel familiar with how a is executed and probated, because the witnessing and self-proving requirements differ from Florida’s. Cross-border estate plans fail at the seams, not in the middle.

Funding Inheritances Through a Trust Instead of Outright

Even setting the business aside, no parent should leave a meaningful sum to an 18-year-old with no strings. Florida lets a child take full control of inherited property at 18. Most 18-year-olds are not ready for a six- or seven-figure check. A trust lets you stage distributions, for example, a portion at 25, a portion at 30, with the trustee covering health, education, and support in the meantime. You write the rules; the trustee follows them.

Special Situations That Change the Analysis

A Child With Special Needs

If one of your children has a disability and receives, or may someday receive, means-tested public benefits such as SSI or Medicaid, an outright inheritance can disqualify them. The right tool is a special needs trust, which holds assets for the child’s benefit without counting against eligibility. Whether your child lives in Florida or elsewhere, the planning concept is the same, and you can read more about how a is structured to preserve benefits. In Florida, we build the same protection into the estate plan so that naming a guardian and funding the inheritance do not accidentally cost your child their benefits.

Blended Families and Out-of-State Guardians

If you have children from a prior relationship, the surviving biological parent generally has a strong claim to physical custody regardless of your will. Your nomination still matters for the property side and for situations where both parents are gone. And if your chosen guardian lives in another state, that is allowed, but it adds logistics, schools, relocation, and sometimes a second court touching the case. Name that person anyway if they are right; just plan for the move.

Common Mistakes Miami Parents Make

• Naming a couple jointly. “My brother and his wife” sounds nice until they divorce. Name an individual.
• Forgetting the money side. A guardian of the person with no trust still means a court-run guardianship of the property.
• Never updating it. The aunt you named when your child was a newborn may not be the right choice a decade later.
• Not telling the person. Surprising someone with guardianship after a funeral is unfair to them and to your kids. Have the conversation.
• Leaving the business unstructured. A company without a succession plan becomes a liability in guardianship, not an asset.

Putting It Together

A complete Florida plan for parents of minors usually includes a will that nominates a guardian and an alternate, a revocable trust that holds and directs the assets, durable powers of attorney and health care designations for the parents, and, where relevant, a preneed guardian declaration under section 744.3046. For business owners, layer in the succession terms, who operates the company, who can sell it, and on what timeline.

If you own a business or significant property in South Florida and your kids are still minors, this is not paperwork to put off. You can review the full scope of , learn how the local process works on our Florida probate page, or contact our Miami office to map out who raises your children and who stewards what you have built.

Frequently Asked Questions

Does a Florida court have to follow the guardian I name in my will?

Not automatically, but your nomination carries significant weight. A Florida judge makes the final appointment based on the child’s best interests and will honor a parent’s written nomination as long as the named person is fit, willing, and not disqualified under Chapter 744, Florida Statutes (for example, by a felony conviction).

What is the difference between a guardian of the person and a guardian of the property?

The guardian of the person raises the child and makes day-to-day decisions about housing, schooling, and medical care. The guardian of the property manages any assets the child owns or inherits under court supervision until age 18. One person can serve in both roles, or you can split them, which is common when the best caregiver is not the best money manager.

How can I keep my children's inheritance out of a court-supervised guardianship?

Use a revocable living trust. If assets pass to a trust rather than outright to a minor, a trustee you choose manages them according to your written instructions, with no annual court accountings and no guardianship of the property. This is especially important for business owners who want continuity instead of a court-frozen company.

Can I name a guardian who lives outside Florida?

Yes. Florida allows you to nominate an out-of-state guardian. It adds practical complications such as relocating the child and possibly involving courts in two states, but if that person is the right choice, you can and should name them, ideally with a local alternate as backup.

What if one of my children has special needs?

An outright inheritance can disqualify a child from means-tested benefits like SSI or Medicaid. A special needs trust lets you provide for that child without jeopardizing eligibility. This should be coordinated with your guardian nomination so that caring for the child and funding their future do not work against each other.