Short answer: In California you name a guardian for your minor children by nominating one in your will or another signed writing (Prob. Code §1500, §1502). The court isn’t bound by your choice for the guardian of the person, but it must give it “due weight” (Fam. Code §3043), and it must appoint your nominee for guardian of the estate unless that person is unsuitable (Prob. Code §1514(c)). Pair the nomination with a trust so the money you leave your children never needs a court-supervised guardianship at all.
Parents in Camarillo ask me who would raise their kids if they’re both gone, and who would control the money. California law treats those as separate jobs, and a good plan answers both in writing before anyone has to go to court.
Law verified against Probate Code §§1500 to 1514, 1600, 2105, 2201, 2320, 2620, 3401, 3903, 3920.5 and 15200, and Family Code §§3040 and 3043, 2026. This is general information, not legal advice for your situation.
Two kinds of guardian: the person and the estate
A guardian of the person has custody of the child and makes the daily decisions about home, school and medical care. A guardian of the estate manages property the child owns. A parent can nominate a guardian of the person, of the estate, or both (Prob. Code §1500). A parent or anyone else leaving property to a child can also nominate a guardian only for that property (Prob. Code §1501).
The court treats the two nominations differently. For the guardian of the person, the court follows the Family Code custody rules (Prob. Code §1514(b)(1)). Those rules prefer the parents first, then the person in whose home the child has been living in a wholesome and stable environment, then any other suitable person (Fam. Code §3040(a)). Within that framework, the court “shall consider and give due weight” to a parent’s nomination (Fam. Code §3043). For the guardian of the estate, the court must appoint the parent’s nominee unless it finds that person unsuitable (Prob. Code §1514(c)).
Your choice of who raises your children carries real weight with the judge, and the judge still decides. Pick someone the court will see as an obvious fit.
| Guardian of the person | Guardian of the estate | |
|---|---|---|
| What the guardian does | Has custody and makes daily decisions about home, school and medical care | Manages property the child owns |
| How the court treats your nominee | Must give it “due weight” (Fam. Code § 3043); the judge still decides | Must appoint your nominee unless it finds that person unsuitable (Prob. Code § 1514(c)) |
| Rules the court applies | Family Code custody rules (Prob. Code § 1514(b)(1)) | Bond (Prob. Code § 2320(a)) and accountings (Prob. Code § 2620(a)) |
| When it ends | At majority (Prob. Code § 1600(a)), unless the ward asks for or consents to extending it to 21 | At majority (Prob. Code § 1600(a)) |
How to nominate a guardian in California
The nomination can be made in a writing signed before or after a guardianship petition is filed, in the petition itself, or at the hearing (Prob. Code §1502(a)). In practice, parents do it in their wills, and I also put a standalone signed nomination in the plan so it’s easy to hand to a court.
A nomination is effective when made, but the writing can say it only takes effect on a condition such as the parent’s death or incapacity (Prob. Code §1502(b)). Unless the writing says otherwise, it stays effective even after the parent who made it becomes incapacitated or dies (Prob. Code §1502(c)). The nomination works at the moment you can no longer speak for yourself.
A parent’s nomination only works if the other parent nominates or consents in writing to the same guardian, or if, when the petition is filed, the other parent is dead, lacks capacity to consent, or wouldn’t have to consent to an adoption (Prob. Code §1500). Married parents usually solve this by naming the same guardian in matching documents. And while one parent is alive and able, that parent generally keeps custody. A parent generally can’t be appointed guardian of the person of their own child (Prob. Code §1514(b)(2)). The exceptions are narrow: a young adult aged 18 to 21 in a special immigrant juvenile case (§1510.1), and a terminally ill or temporarily unavailable parent named as joint guardian with the person they nominated (§2105(f), (g)).
What happens if you never name a guardian?
A relative or any other person acting for the child can petition the court to appoint a guardian, and a child 12 or older can petition too (Prob. Code §1510(a)). The petition has to list the child’s parents and relatives within the second degree, along with anyone a parent nominated (Prob. Code §1510(c)). The judge then decides under the same best-interest custody rules described above (Prob. Code §1514(b)(1)), with no written word from you to guide the choice.
The case is filed in the county where the child lives, or another county if that’s in the child’s best interest (Prob. Code §2201). For a Camarillo family, that’s Ventura County Superior Court. Ventura County’s probate cases are heard at the Juvenile Justice Center, 4353 E. Vineyard Avenue in Oxnard.
The money problem: why a will alone isn’t enough
Minors can’t manage an inheritance themselves. If a child inherits more than a small amount outright, someone usually has to become guardian of the estate, and that is a court-supervised job.
- Bond. A guardian generally must post a court-approved bond before letters are issued (Prob. Code §2320(a)).
- Accountings. The guardian files an accounting with the court one year after appointment and at least every two years after that (Prob. Code §2620(a)).
- Age 18. The guardianship ends when the child reaches majority (Prob. Code §1600(a)), and whatever is left goes to an 18-year-old outright.
There’s a small-estate shortcut: if a minor’s total estate doesn’t exceed $5,000, property can be delivered to a custodial parent to hold for the child, on the parent’s verified written assurance (Prob. Code §3401). That rarely covers a house, life insurance or a retirement account.
A trust avoids the rest. A trust is created when the owner declares that they hold property as trustee or transfers it to a trustee (Prob. Code §15200). Your successor trustee manages the children’s shares under your written instructions, with no bond or court accountings built in, and you pick the age or ages when each child receives their share. For smaller gifts, a will or trust can instead name a custodian under the California Uniform Transfers to Minors Act (Prob. Code §3903), and the custodianship can run to an age as late as 25 if the will or trust says so (Prob. Code §3920.5).
My deeper walkthrough of this is on who controls a minor’s inheritance in California.
Choosing the right person
The best guardian of the person is someone who shares your values, has room in their life and home for your children, and will look like a sensible choice to a judge. Think about age, health, where they live, and whether your children already know them well.
Consider splitting the jobs. The relative who would raise your children beautifully isn’t always the person you want managing a life insurance payout. You can name one person as guardian and a different person as trustee of the children’s trust. The court may also appoint two or more joint guardians of the person or of the estate (Prob. Code §2105(a)), which some parents use for a married couple. Name at least one backup.
How do you ask someone to be your child’s guardian?
Ask directly, and before you sign. Explain why you chose them, what the role involves, and that the children’s money will be managed through the trust so they won’t be paying for a second family out of pocket. Both parents should agree on the choice first, since the nomination depends on the other parent’s consent or absence (Prob. Code §1500). Give them time to say no. A reluctant guardian is a poor plan.
How I set this up for Camarillo families
My practice is fully remote. We meet by phone and Zoom, and a mobile notary comes to you for the signing. A typical plan for parents of young children includes a revocable living trust with a separate share or trust for each child, pour-over wills that nominate guardians, a standalone guardian nomination, and powers of attorney and health care directives for each parent. I record the deed moving your home into the trust, and you get a map for re-registering each account.
For more on the choices involved, see naming a guardian for your children in California, the new parent guardianship kit, and my overview of estate planning. If you’re ready to put this in writing, contact me. I’m an estate planning lawyer serving Ventura, Camarillo and Oxnard, and I also handle living trusts in Camarillo.
Does a guardianship end when my child turns 18?
Yes. A guardianship of the person or estate ends when the ward reaches majority, unless the ward asks for or consents to extending a guardianship of the person to age 21 under the statute’s narrow exception (Prob. Code §1600(a)). That’s why a trust that holds money past 18 matters.
Can the court ignore the guardian I named?
For guardian of the person, the court decides under the child’s best interest and must give your nomination due weight (Fam. Code §3043), so a well-chosen nominee is usually appointed but isn’t guaranteed. For guardian of the estate, the court must appoint your nominee unless it finds that person unsuitable (Prob. Code §1514(c)).
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