Few situations feel more tender than an estate that leaves money or property to a child. In Palm Beach, parents and grandparents often want to provide for the youngest members of the family, and Florida law takes that responsibility seriously. When a beneficiary is a minor, the probate process changes in important ways designed to safeguard the child’s inheritance.
Why Minors Cannot Simply Receive an Inheritance
Under Florida law, a minor (a person under 18) cannot legally manage or hold significant assets on their own. So even when a will under Section 732.502 names a child directly, the inheritance cannot simply be handed over. The court steps in to make sure the funds are protected until the child is old enough to manage them, or until an appropriate arrangement is in place.
Small Amounts: A Simpler Path
Florida allows modest amounts to pass to a minor without a full guardianship. When the total property owed to a child does not exceed $15,000, it may be delivered to a parent or another qualified person on the child’s behalf. This keeps small bequests from becoming burdensome for a Palm Beach family.
Larger Amounts: Guardianship of the Property
When a child inherits more than that threshold, Florida generally requires a guardian of the property to be appointed by the court. This guardian, often a parent, manages the inheritance under court supervision, files inventories and annual accountings, and must seek approval for major decisions. It is protective, but it can also feel formal and ongoing, lasting until the child turns 18.
How Trusts Can Ease the Burden
Many Palm Beach families prefer to avoid a lengthy property guardianship by planning ahead. A revocable trust under Chapter 736 can hold a child’s share and let a chosen trustee manage and distribute it according to instructions, for example, releasing funds for education or at certain ages rather than all at once at 18. A will can also create a testamentary trust for the same purpose. These tools let you tailor protection to your family’s values and keep ongoing court involvement to a minimum.
Homestead and Children
If the estate includes a Palm Beach home, the constitutional homestead protection under Article X, Section 4 adds another layer. When a minor child is involved, restrictions on how homestead property can pass are especially strict, and the surviving spouse and children may have specific rights. This is an area where careful legal guidance is essential, because well-meaning plans can run into homestead limits.
Choosing the Right Person to Help a Child
Whether it is a guardian of the property or a trustee, the person managing a child’s inheritance carries real responsibility. They must act in the child’s best interest, keep clear records, and answer to the court when required. Choosing someone trustworthy and organized is one of the most loving decisions a parent can make.
A Caring Next Step
Providing for children after a loss is one of the most meaningful things a family can do, and Florida’s rules exist to honor that intent. Because guardianship, trusts, and homestead all interact in complex ways, please consult a Florida probate attorney in the Palm Beach area before making decisions. The right guidance helps ensure the children you love are truly protected.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
