If you have children under 18, naming a guardian in your will is arguably the most important estate planning decision you'll make. Without a named guardian, a court will decide who raises your children — and the court may not make the choice you'd make.
What Guardianship Means
A guardian is the person who takes legal responsibility for your minor children's care, upbringing, and daily life. They become, in effect, the children's parent — making decisions about education, healthcare, religion, and where the children live.
Guardianship is separate from who manages your children's inherited assets. That role typically falls to a trustee (if assets are held in trust) or a custodian (under a UTMA account). You can name the same person for both roles, or different people — separating financial management from parenting responsibility.
How to Name a Guardian
Name a guardian in your will. The court will almost always honor a parent's named guardian, as long as the chosen person is willing and suitable. Without a named guardian, the court must choose — often from family members who petition for the role, which can create conflict.
Name both a primary guardian and at least one alternate, in case your first choice is unable or unwilling to serve when the time comes.
Choosing the Right Guardian
This decision is deeply personal. Consider:
- Values and parenting style: Will they raise your children consistently with your values, religious beliefs, and educational philosophy?
- Existing relationship: Do your children know and trust this person?
- Age and health: Are they realistically able to raise children for potentially 10–18 years?
- Location: Will your children need to relocate? How disruptive would that be?
- Their own family situation: Do they have children of their own? Are they willing to take on more?
- Financial stability: Though your estate should provide financial support, financial stability matters
- Willingness: Have you had the conversation? Do they understand and agree?
The Conversation You Need to Have
Never name someone as guardian without asking them first. The role is enormous, and an unwilling guardian creates problems. Have a frank conversation about your wishes, your children's needs, and what you'd want for their upbringing. Update your documents if that person's circumstances change significantly.
When Both Parents Are Alive
If you're married or co-parenting, the surviving parent typically becomes the sole legal guardian when one parent dies — regardless of what your will says. Named guardians take effect only if both parents are deceased or if the surviving parent is deemed unfit. Still name a guardian — you're planning for the worst case.
Financial Protections for Minor Children
Minors cannot legally receive large sums of money directly. If you leave assets directly to minor children, they'll be managed by a court-appointed custodian until they turn 18 — at which point they receive everything at once.
Better options include:
- A testamentary trust: Created within your will; holds assets in trust for your children until a specified age (e.g., 25 or 30)
- A living trust: Holds assets during your lifetime; seamlessly continues for your children's benefit after your death
- UTMA accounts: Simpler but less flexible; assets transfer to the child at age 18 or 21
See our guide to wills and estate planning for more on protecting assets for minor children.
Keep Your Documents Current
Your named guardian may change over time — relationships evolve, circumstances change, people move away. Review your guardian designation every few years and after major life changes. An outdated guardian designation is better than none, but current is best.
For the complete picture of legal documents you should have in place, see our complete guide to legal documents.