The Short Answer

In Florida, when someone dies without a will, a minor heir’s share generally cannot just be handed to the child. The inheritance typically must be managed by a legally authorized adult (often a court-appointed guardian of the property) or handled under a limited statutory exception, so the minor’s funds are protected until adulthood.

What Florida Law Says

Florida’s intestacy laws determine who inherits when there is no valid will, and Florida’s guardianship laws determine how a minor’s share is received, held, and used. Even though the minor’s right to inherit vests at death, courts and financial institutions usually require a legally recognized fiduciary structure before releasing or transferring assets to protect the child’s property.

The Statute

The primary law governing this issue is Fla. Stat. § 744.301.

This statute establishes that a child’s parents (as “natural guardians”) may manage certain property for the minor without a court appointment only up to a limited amount (generally $15,000 in the aggregate), and it restricts using the minor’s property for the guardian’s benefit without a court order.

Separately, Florida’s intestacy rule provides that property not disposed of by a will passes to heirs under the Probate Code. See Fla. Stat. § 732.101.

For many estates, protecting a minor’s inheritance means evaluating whether the limited “natural guardian” authority applies or whether a court-supervised guardianship of the property is required. Florida courts can appoint a guardian for a minor upon petition. See Fla. Stat. § 744.342 and Fla. Stat. § 744.3021.

If a guardianship of the property is required, the court often requires financial safeguards such as a bond (unless waived or substituted with a restricted depository arrangement). See Fla. Stat. § 744.351.

Related reading: Guardian or guardian ad litem for a minor’s inheritance in Florida and selling or transferring Florida real property when an heir is a minor.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your family and the specific assets involved is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Intestate estates still move through probate timelines (including creditor issues), and delays can freeze access to assets needed for the child’s support.
• Burden of Proof: You may need clear documentation of heirship, paternity/parentage, and the nature/value of the assets before a bank, title company, or probate court will release a minor’s share.
• Exceptions: The “natural guardian” authority is limited (generally $15,000 in the aggregate) and comes with restrictions on use of the child’s property. If the inheritance exceeds that amount or includes real estate, a court-supervised guardianship (and safeguards like a bond) may be required.

Trying to handle this alone can lead to rejected transfers, frozen accounts, or court intervention that costs more time and money than necessary—especially when minors and multiple heirs are involved.

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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.