If the unimaginable happened to you and your spouse tomorrow, who would raise your children? Beyond the day-to-day care, who would be legally entrusted with managing their finances and the resources you leave behind for them? Planning for this moment isn’t morbid—it is an important precautionary step to ensure the best future for your children. This is why the Guardianship Nomination Form is a crucial part of your comprehensive estate plan.

What Happens If Parents of Minors Don’t Have a Will in California?

In California, if a parent passes away without a will in place, the state is left without any specific instructions regarding who will become the guardian for their children—the individual who will raise them, manage their daily care, and make critical decisions about their health and education. This triggers the state’s intestate succession laws, which dictate that a judge unknown to the parents gets to decide who becomes guardian according to a rigid, predetermined family tree—a method that rarely aligns perfectly with parents’ true intentions.

The judge’s authority extends beyond simply finding a caregiver. If a parent leaves behind assets as an inheritance to their children, the same judge gets to appoint a guardian of the estate to manage all these finances. This money and property will be held under a restrictive, court-monitored guardianship until the children turn 18, at which point they will receive the inheritance in one lump sum without any maturity, oversight, or guidance.

Thus, a comprehensive estate plan is a non-negotiable tool for every California parent.

What is Outlined in a Will vs. Guardianship Nomination?

If you have a minor child in your life, it is a good idea that you put together a comprehensive estate plan that includes both a will with guardianship nominations, as well as stand-alone guardianship nominations.

While a will is the primary legal document that designates a guardian upon your death, stand-alone guardianship nominations account for who will care for your children during illness or incapacity.

Guardian of the Person vs. Guardian of the Estate

The beauty and power of a comprehensive estate plan lie in this flexibility. The necessity of this planning stems from the fact that a single guardian may not be the best fit for all responsibilities regarding one’s children. A comprehensive plan allows you to thoughtfully divide the duties between two specialized roles: the Guardian of the Person and the Guardian of the Estate.

The Guardian of the Person is the caregiver—the one responsible for the daily well-being, education, and emotional needs of your child. The Guardian of the Estate is the financial manager, tasked with overseeing and protecting the inheritance, life insurance proceeds, and other assets you leave behind.

For some families, the same person is the perfect fit for both roles. For others, it makes sense to separate these duties. You have the ability to pick and choose an array of trusted people, leaving behind an array of tailored instructions to ensure that your child is cared for exactly as you wish, and that their finances are protected from mismanagement or exploitation.

How to Leave Behind an Inheritance to a Minor Child

A great tool or method for leaving behind an inheritance to an underage child is to put it in a Revocable Living Trust.

A Revocable Living Trust is a legal entity that holds your assets (bank accounts, real estate, investments, etc.) while you are alive. Crucially, it allows you to name a successor trustee—the person you want to be in charge of managing those assets after your death. Unlike a court-mandated guardianship, the trust is a private agreement that avoids the probate process.

The greatest advantage of using a Revocable Trust is the control it gives you over the timing and method of your child’s inheritance. You can move beyond the arbitrary age of 18 and line item or describe in the Trust document exactly how and when your child is able to take control of the inheritance. Moreover, you can name a specific person to manage the assets for them, and leave instructions on what you want them to do with the assets, essentially retaining control over your children’s finances even when you are no longer here.

Don’t Delay: Secure Your Child’s Future Today

If you are a parent and a California resident, it is imperative that you establish a formal Guardianship Nomination today. Protect your children’s future and ensure your wishes for their care are known. Designate guardians and plan their inheritance with a comprehensive will. Contact our office today to secure your peace of mind.