The Short Answer

Usually, no. In Florida, when a minor is entitled to receive money or property from an estate or court-related award, the court generally requires a legally authorized adult fiduciary (such as a guardian of the property) or another court-approved protective arrangement—rather than simply “holding it back” until the child turns 18.

Trying to delay distribution informally can create personal liability for the personal representative and can trigger court objections or additional proceedings.

What Florida Law Says

Florida treats minors as lacking legal capacity to directly receive and control inherited funds. When a minor’s interests are involved, the court’s focus is protecting the minor and ensuring the money is properly managed and accounted for until the minor reaches adulthood.

The Statute

The primary law governing this issue is Fla. Stat. § 744.3021.

This statute authorizes the court to appoint a guardian for a minor (including a guardian of the minor’s property) upon petition, which is the common legal mechanism used when a minor must receive and have funds managed under court oversight.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Court Protection Requirements: Florida courts are required to provide protection for amounts awarded for a minor’s benefit, often by routing the funds through a guardianship framework. See Fla. Stat. § 768.23.
• Personal Representative Risk: If an estate simply “holds” a minor’s share without clear authority, the personal representative can face objections, surcharge claims, and disputes about investment, accounting, and access to funds for the child’s needs.
• Exceptions and Alternatives: Depending on the source of the funds (probate inheritance vs. settlement proceeds), the amount involved, and family dynamics, there may be alternatives to a full supervised guardianship—but they must be structured correctly and approved when required.

Trying to handle this alone can lead to delays, extra hearings, and avoidable costs—especially if another interested person challenges the plan or the court requires a different protective arrangement.

For related context, you may also find this helpful: Can I Use a Trust or Escrow Account to Hold Estate Sale Proceeds Before Distribution in Florida?.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.