The Short Answer

In Florida, a minor generally cannot directly receive or manage inherited assets, so the court may require a court-appointed fiduciary to protect the child’s property interests. Depending on what the minor is receiving and whether there is a conflict of interest, that protection may involve appointing a guardian of the minor’s property and/or a guardian ad litem for a specific issue.

What Florida Law Says

Florida’s guardianship statutes allow the court to appoint a guardian for a minor (including a guardian of the minor’s property) upon petition by certain interested persons. Separately, Florida law also authorizes (and in some situations effectively requires) the appointment of a guardian ad litem to independently protect a minor’s interests when the court is asked to approve certain settlements affecting the minor.

The Statute

The primary law governing appointment of a guardian for a minor is Fla. Stat. § 744.3021.

This statute establishes that, upon petition by a parent or other interested person, a Florida court may appoint a guardian for a minor (including over the minor’s property) without a separate incapacity adjudication process that applies to adults.

Why You Should Speak with an Attorney

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

• Strict Deadlines: Guardianship and probate filings are time-sensitive, and delays can stall distributions or court approvals when a minor is involved.
• Burden of Proof: The court will scrutinize whether the proposed guardian is qualified and whether the arrangement truly protects the minor’s best interests—especially when substantial assets are involved.
• Exceptions and Conflicts: If a parent, personal representative, or another party may benefit from the same assets, the court may require additional protections (including a guardian ad litem in certain contexts). For example, Florida law addresses guardian ad litem appointments in significant minor settlements under Fla. Stat. § 744.3025, and courts often look closely at conflicts of interest when a minor’s money is at stake.

Trying to handle this alone can lead to avoidable court objections, delays in distributing the estate, or orders that restrict access to funds until the court is satisfied the minor is protected.

If you want more background on common probate issues involving minors, you may also find these helpful: accessing life insurance proceeds for a minor beneficiary and selling or transferring Florida real property when an heir is a minor.

Get Connected with a Florida Attorney

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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.