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Detailed Answer: Appointing a Guardian or Guardian ad Litem for a Minor’s Estate Interest in New York

When a minor under age 18 inherits assets or holds an interest in a decedent’s estate, New York law requires court supervision to protect the minor’s rights. There are two common avenues:

1. Guardian of the Minor’s Estate (SCPA Article 17)

1. Determine Eligibility: A guardian of the estate handles the minor’s inheritance of money, real property or securities. New York Surrogate’s Court Procedure Act (SCPA) § 1704 authorizes a petition in the county where the decedent lived. SCPA § 1704
2. Prepare and File the Petition: The petitioner—often a parent or close relative—files a verified petition. Include the minor’s name and age, a description of the estate assets, the proposed guardian’s qualifications and a prayer for relief.
3. Provide Notice and Bond: Serve all interested parties and the minor’s guardian ad litem with at least 10 days’ notice. Under SCPA § 1706, the guardian must post a bond to secure faithful performance. SCPA § 1706
4. Attend the Hearing: The court reviews the petition, bond and any objections. If satisfied, the judge issues letters of guardianship authorizing management and investment of the assets.
5. Account to the Court: The guardian must file an inventory and periodic accountings under SCPA § 1711, showing receipts, disbursements and the current value of the minor’s estate. SCPA § 1711
6. Termination at Majority: When the ward turns 18, the guardian petitions for final discharge, and the court directs distribution of the remaining assets to the now-adult.

2. Guardian ad Litem in Litigation (CPLR Article 12)

1. Identify the Proceeding: If the minor’s estate interest arises in a pending lawsuit—such as a will contest—the court must appoint a guardian ad litem to represent the minor’s legal interests under CPLR 1201. CPLR 1201
2. File a Motion or Petition: Any party or the court itself can move for appointment. Provide the minor’s personal details and proposed guardian ad litem.
3. Notice and Hearing: Serve all parties with notice and schedule a hearing. The court assesses whether the proposed guardian ad litem is a fit representative.
4. Court Order: Once appointed, the guardian ad litem takes steps to protect the minor’s interests—filing briefs, participating in settlement discussions or objecting to distributions that may harm the minor.
5. Final Accounting, if Required: In some cases, the court may require the guardian ad litem to file a report or recommendation before closing the case.

Both procedures ensure a court-appointed adult safeguards the minor’s property, investment income and rights until majority or resolution of the litigation.

Helpful Hints

• Gather Documents Early: Secured death certificate, minor’s birth certificate and proposed guardian’s consent form.
• Select a Responsible Guardian: Courts prefer close relatives, but a professional fiduciary may serve if no family member can.
• Estimate Asset Value: Provide current appraisals of real estate, stock certificates or insurance proceeds.
• Mind the Bond Requirement: Discuss bond waivers or reductions with the court if the guardian has sufficient assets.
• Track Deadlines: SCPA and CPLR impose strict notice and accounting timelines—missing these can delay access to funds.
• Consult an Estate Attorney: A lawyer familiar with SCPA and CPLR can streamline filings and advocate effectively.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.