Probate When Beneficiaries Are Minors

When a child under 18 stands to inherit through a Palm Beach estate, Florida law will not simply hand money to the minor. Children cannot legally receive or manage an inheritance directly, so the personal representative and the family must choose among several court-recognized mechanisms. Each has trade-offs. Here is how they compare under Florida law.

Why You Cannot Just Pay the Minor

Under the Florida Probate Code (Chapters 731 through 735), a distribution belonging to a minor cannot be delivered to the child. If nothing is planned, the inheritance is held until the child turns 18 and then released in full. For a sizable bequest, that one-time payout at 18 is rarely what parents intended. The alternatives below give more control.

Option 1: Deposit Into the Court Registry

For modest amounts, Florida allows funds to be paid into the registry of the Palm Beach County court (often used when the minor’s share is small, generally up to $15,000). The clerk holds the money, and it is released when the child reaches majority. This is simple and inexpensive but inflexible: no investing strategy, and the full balance is paid out at 18.

Option 2: Guardianship of the Property

For larger inheritances with no other plan, the court will require a guardian of the property under Florida’s guardianship law (Chapter 744). A guardian must be appointed, post a bond, file annual accountings with the Palm Beach court, and obtain court approval for many expenditures. It is protective but burdensome and ongoing in cost. Like the registry, it ends at 18 with full distribution.

Option 3: A Florida Uniform Transfers to Minors Act (FUTMA) Custodianship

Florida’s Transfers to Minors Act lets property be placed with a custodian for the child. It avoids formal guardianship and its annual court accountings, making it lighter than Option 2. A notable Florida feature is that a FUTMA custodianship can extend the holding age to 21 (and in some created arrangements to 25), giving the child a few more years of maturity before receiving funds.

Option 4: A Trust (Usually the Best Control)

The most flexible approach is a trust under Florida’s Trust Code (Chapter 736). A trust can be created in the will (a testamentary trust) or, better, set up in advance through a revocable trust. The trustee can pay for the child’s health, education, and support on a schedule the parents design, and distribute the balance at staggered ages rather than all at once. This sidesteps guardianship entirely and is the most common choice among Palm Beach families who plan ahead.

Two Florida Wrinkles to Watch

• Homestead. If a minor child is in line for the family home, Florida’s homestead protection (Article X, Section 4) restricts how the property can pass and be sold while a minor has an interest. This often requires court involvement and careful planning.
• No state death tax. Florida has no estate or inheritance tax, so the planning conversation centers on control and protection of the inheritance, not on tax minimization.

The Bottom Line

Comparing the options: the court registry is cheap but rigid; guardianship of the property is protective but costly and ongoing; a FUTMA custodianship is a lighter middle ground that can run to 21; and a trust gives the most control over timing and purpose. The right choice depends on how much the child will inherit and how much oversight the family wants.

This is general information, not legal advice. Protecting a minor’s inheritance involves strict Florida procedures and deadlines. Speak with a licensed Florida probate attorney serving Palm Beach before deciding how a child’s share should be held.