When a will names minors as beneficiaries, the probate process in California becomes more complex. Although minors may inherit assets, they cannot legally manage property. Probate courts intervene to safeguard the minor’s interest in the estate until they reach adulthood.
How probate courts address minor beneficiaries
California probate law prohibits direct transfers of assets to individuals under 18. If a will designates a minor as a recipient, the court must take additional steps to secure the inheritance. This often results in delays and heightened court involvement. Depending on the situation, the court may assign a custodian, appoint a guardian of the estate, or establish a trust or blocked account.
Without specific guidance in the will, probate becomes more expensive and drawn out. The court oversees how the appointed party manages the assets and ensures that the minor’s interests remain protected until they become legally responsible.
Managing a minor’s inheritance during probate
If the will does not specify a manager for the minor’s inheritance, the court makes an appointment. A custodian, acting under the California Uniform Transfers to Minors Act (CUTMA), manages the inheritance until the minor turns 18 or 25. For substantial estates, the court may appoint a guardian of the estate. Guardians must submit financial reports and seek court approval for significant decisions.
These roles increase probate complexity. The appointed person operates under legal constraints and must report regularly to the court. These procedures lengthen the probate process in comparison to distributions made to adult beneficiaries.
Using trusts to reduce probate complications
Creating a trust within a will simplifies probate when minors are involved. If a trust exists, the court does not need to appoint anyone to manage the inheritance. The named trustee administers the assets according to the trust’s terms.
Trustees follow specific instructions, including staggered distributions at set ages. This structure limits court oversight and makes probate more efficient and discreet.
To avoid probate complications, include clear instructions in your estate plan. Naming a custodian or establishing a trust within your will can eliminate unnecessary court actions. Advance planning ensures the probate process proceeds more smoothly when minors inherit.