What if a beneficiary is a minor?

A person under 18 is a minor (§ 731.201) and cannot sign for or manage an inheritance. How the child’s share is held depends mainly on what the will, trust, or beneficiary form says and how much is involved:

A trust for the child, if the will or trust creates one: the trustee manages the money under the document’s terms.
A custodian under the Florida Uniform Transfers to Minors Act, if one was named or the transfer is permitted: the custodian manages it until the child turns 21 (or 18 or 25 in some cases) (§ 710.104, § 710.123).
The parents as natural guardians, without court appointment, if the total does not exceed $15,000 (§ 744.301(2)).
A court guardianship of the property for larger amounts with no trust or custodian (§ 744.342).

Custodianship under the Uniform Transfers to Minors Act

Nominated in advance. A will, trust, deed, or beneficiary designation can name a custodian “as custodian for [child] under the Florida Uniform Transfers to Minors Act” (§ 710.104).
Chosen by the personal representative or trustee. Even without that language, a personal representative or trustee may transfer a minor’s share to a custodian if it is in the child’s best interest and not inconsistent with the will or trust; court authorization is required if the transfer exceeds $10,000 (§ 710.107).
Other holders, such as a bank or insurer paying a minor beneficiary, may transfer to a nominated custodian, or to an adult family member or trust company if the property does not exceed $15,000 (§ 710.108).

The custodianship ends and the property goes to the young person at 21 for gifts and transfers under a will or trust (which can specify 25 instead), and at 18 for transfers made by a fiduciary or obligor without that authority (§ 710.123).

Guardianship of the property

When no trust or custodian is available and the amount is more than $15,000, a court-appointed guardian of the property is usually needed. Guardians of minors can be appointed without the incapacity hearing required for adults (§ 744.342). The guardian files reports and accountings with the court and needs court approval for many transactions, which adds cost and continues until the child turns 18.

Settlements for a minor

If a minor is a survivor in a wrongful-death or injury settlement, the settlement can require court approval, a guardianship of the property for a net share over $15,000, and a guardian ad litem when the gross settlement involving the minor is $50,000 or more (§ 744.387, § 744.3025).

What changes the answer

Whether the will or trust creates a trust for minors, or names a custodian
The amount the child will receive
Whether the asset is probate property, life insurance, or a retirement account
Whether the child has special needs, which may call for a supplemental-needs trust to preserve benefits

An example

A grandmother’s will leaves $40,000 to each of her three grandchildren, one of whom is 12. The will has no trust or custodian language. The personal representative asks the court to authorize a transfer to the child’s mother as custodian under the Uniform Transfers to Minors Act, because the amount exceeds $10,000 (§ 710.107). The court approves, and the custodian manages the money until the grandchild turns 18, the age that applies to a transfer of this kind.

Common mistakes

Paying a minor’s share directly to the child or to a parent without authority
Naming a minor directly as beneficiary of life insurance or a retirement account
Assuming a parent can manage any amount without court involvement
Leaving large sums to young adults outright at 18 or 21 without considering a trust

What to gather

The will, trust, and any beneficiary designations naming the child
The child’s full name and date of birth
The amount and type of asset the child will receive
Information about any special needs or public benefits

Next step

Check the documents for trust or custodian language first. If there is none and the share is more than $10,000, plan for court authorization of a custodianship or a guardianship before distribution.

Related guidance

Sources: Florida Statutes § 710.104, § 710.107, § 710.108, § 710.123, § 731.201, § 744.301, § 744.3025, § 744.342, and § 744.387 (2026). Checked on October 23, 2026.