When a loved one passes away, probate court plays a crucial role in settling their estate. One of the most significant factors in probate is not just distributing assets, but also addressing the needs of minor children and dependent adults. If a will or trust fails to account for these needs, the court may prioritize them over the deceased’s stated wishes.
In this guide, we’ll break down guardianship, conservatorship, and how probate courts handle these issues, so you can better understand how an estate is managed when essential planning is missing.
What is Guardianship?
Guardianship is when the probate court appoints a person to care for a minor child (under 18) when no parent is available to do so. This happens if:
A parent dies and the other parent is deceased or unfit.
A will names a guardian, but the person is unable or unwilling to serve.
No guardian was named in a will or trust.
In this case, the court will select a guardian based on the best interests of the child. This decision may override the instructions in a will if:
The named guardian is deemed unfit.
A more suitable guardian is available.
The child’s financial and emotional well-being require different arrangements.
If a minor is set to inherit assets from the estate, the court may also establish a conservatorship to manage those assets until the child reaches adulthood.
What is Conservatorship?
A conservatorship is when the court appoints someone to manage the financial affairs or personal care of an adult who cannot do so themselves. This usually happens when:
A surviving spouse, adult child, or other dependent has a disability and cannot manage money or daily life.
An elderly heir is mentally incapacitated and unable to handle their inheritance.
A minor child inherits a large sum of money and needs financial oversight until they come of age.
If a will or trust does not specify how to care for a dependent adult, the probate court will appoint a conservator, who is legally required to act in the best interest of that individual.
How Probate Courts Prioritize These Needs Over Asset Distribution
If a will or trust does not account for guardianship or conservatorship, probate court will often make these arrangements before distributing assets. This means:
Funds from the estate may be used for minor children or dependents first. The court can allocate money to ensure they have proper care, even if this reduces what other heirs receive.
If a will names a beneficiary but does not provide for their ability to manage money (such as a child or incapacitated adult), the court may place funds in a conservatorship.
If no guardian was named for minor children, the court will determine where they live and who cares for them, regardless of what the will states.
This means that even if a deceased person left clear instructions on who gets what, those plans may be adjusted or delayed if the court determines that guardianship or conservatorship is needed.
What Happens When a Will or Trust Fails to Address These Needs?
If the deceased did not plan for these situations, the probate court will:
Appoint a guardian for minor children (this may be a relative, family friend, or court-appointed guardian).
Appoint a conservator for dependent adults or minor children’s finances (this person will control their inheritance).
Use estate funds to ensure dependents are taken care of before distributing assets to other heirs.
Determine the best method of inheritance management (such as a structured trust or court-supervised account).
This can result in a longer and more expensive probate process, as court proceedings will be needed to appoint guardians and conservators.
How to Prevent Probate Complications
If you are planning your own estate or handling a loved one’s affairs, here’s how to avoid probate issues:
Name a Guardian for Minor Children in Your Will.
Establish a Trust to Manage Funds for Minors and Dependent Adults.
Consider Naming a Conservator in Your Estate Plan.
Review Beneficiary Designations on Life Insurance, Retirement Accounts, and Other Assets.
Consult an Estate Planning Attorney for State-Specific Laws.
By taking these steps, you can help ensure that your wishes are honored and that your loved ones are cared for without unnecessary probate delays.
Final Thoughts
Many people focus on dividing assets when writing a will but forget to account for the well-being of minor children or dependent adults. When these needs are not properly planned for, probate courts may override distribution plans to protect those who cannot care for themselves.
If you are handling an estate, be prepared for these potential legal hurdles. And if you are planning your own estate, make sure to include guardianship and conservatorship provisions to ensure a smoother process for your family.
For personalized guidance, consulting with an experienced probate attorney can help you navigate these critical estate planning decisions.