When children stand to inherit from a Palm Beach estate, parents and personal representatives often worry about how the money will be handled. Florida does not simply hand assets to a child. Here are answers to the questions that keep families up at night.
Can a minor directly inherit in Florida?
A minor can be entitled to assets, but cannot legally control them. Florida treats anyone under 18 as unable to receive and manage significant property on their own. So even when a will or beneficiary form names a child, the inheritance must be held and managed for them until adulthood, which often triggers a court process in Palm Beach County.
When does a court guardianship become necessary?
Under Florida law, if a minor’s inheritance exceeds $15,000, a guardian of the property generally must be appointed by the court. The guardian is supervised, must post a bond, file annual accountings, and obtain court approval for major decisions. This protects the child but adds cost, delay, and ongoing reporting that lasts until the child turns 18.
What happens at age 18?
This is the part that worries many parents. When a guardianship of the property is used, the full remaining balance is typically turned over to the child at 18. A teenager receiving a substantial Palm Beach inheritance outright, with no strings attached, is rarely what the deceased intended. There are better tools to delay and stagger access.
How can I avoid court control over my child’s inheritance?
Planning ahead is key. Options under Florida law include:
- A revocable or testamentary trust under Chapter 736, naming a trustee to manage funds and release them at ages you choose, such as 25 or 30.
- A Florida Uniform Transfers to Minors Act custodial account, which can extend control to age 21.
- Careful beneficiary designations that route assets to a trust rather than directly to the child.
These approaches keep the money out of a court guardianship and let a trusted person manage it according to your wishes.
Does the homestead matter when minors are involved?
Yes. Florida’s homestead protection under Article X, Section 4 changes how the family home passes when there are minor children. The home cannot be freely devised in that situation and descends under constitutional rules. For Palm Beach families whose largest asset is the house, this interacts directly with planning for minor heirs.
Are there Florida death taxes on a child’s inheritance?
No. Florida has no state estate tax and no inheritance tax, so a child’s inheritance is not reduced by a Florida death tax. The real concern is not taxation but control and protection of the funds during the child’s minority.
A note for Palm Beach parents
Leaving assets to a minor without a plan often forces a supervised guardianship and an outright payout at 18. A licensed Florida attorney can help you set up a trust or custodial structure so your children are protected and the money is managed responsibly. A short consultation now can spare your family a difficult court process later.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
