Naming a Guardian for Your Children in California

If you have young children, this is the part of estate planning that keeps you up at night — not who gets the house, but who raises your kids if you and the other parent are gone. In California, you get to weigh in on that decision in advance. If you don’t, a judge makes it for you, with no idea what you would have wanted.

How naming a guardian works in California

You name a guardian for your minor children in your will. It’s called a nomination, and while a judge has final say, the court gives serious weight to a parent’s written choice. Without that nomination, the court is left to sort it out — often while relatives disagree and your children wait in limbo.

This is one of the main reasons parents of young kids need a will even if they also have a trust. A trust handles money. Only a will names a guardian.

Two roles, and why they don’t have to be the same person

There are really two jobs to fill, and it’s fine to split them:

• Guardian of the person — the one who raises your children day to day: their home, school, and routine.
• Guardian of the estate (or trustee) — the one who manages the money you leave for the kids until they’re old enough.

The loving aunt who’d be a wonderful parent isn’t always the right person to manage a college fund, and that’s okay. You can name one person to raise them and another to handle the money, with each keeping the other honest.

What happens to the money

Leaving assets directly to a minor is a mistake — children can’t legally manage property, and a court-supervised guardianship of the estate is expensive and ends the day they turn 18, handing a teenager everything at once. The cleaner approach is a trust that holds the money and releases it on a schedule you set: some at 25, more at 30, whatever fits your family. I build that into the plan so your kids are provided for without being handed a lump sum before they’re ready.

Naming a Guardian FAQs

How do I name a guardian for my children in California?

You nominate a guardian in your will. The court has the final decision, but it gives strong preference to the guardian a parent named in writing. This is why parents of minor children need a will even if they have a living trust.

What happens to my kids if I die without naming a guardian?

A judge decides who raises them, choosing from whoever steps forward, without knowing your wishes. That can mean family conflict, a temporary placement while the court sorts it out, or a relative you would not have chosen. A simple nomination avoids all of it.

Can I name a guardian and a separate person to manage the money?

Yes, and it’s often the smart move. The person best suited to raise your children isn’t always the best with money. You can name a guardian of the person to parent them and a trustee to manage the inheritance, so each role goes to the right person.

At what age should my children receive their inheritance?

That’s your call. Handing an 18-year-old a large lump sum rarely ends well. Most parents I work with use a trust that releases money in stages — for example, partial access in the mid-twenties and the rest a few years later — and allows the trustee to pay for education and needs in the meantime.

Related

See also Wills, Living Trusts, Special Needs Trusts, and Estate Planning. Serving Camarillo, Thousand Oaks, and all of Ventura County.

Written by Eric D. Ridley — Estate Planning Attorney, Ridley Law. Serving Ventura County since 2010. Learn more about Eric →