Can distribution be delayed until the minor turns 18 to avoid a supervised trust or guardianship account? - Pennsylvania
The Short Answer
Usually, no. In Pennsylvania, if a minor is entitled to receive an inheritance or other probate distribution, the personal representative generally cannot simply “hold it back” until the child turns 18 without a legally authorized arrangement.
Instead, the court typically requires a protective structure (for example, a court-directed deposit or a custodianship) so the minor’s property is safeguarded until adulthood.
What Pennsylvania Law Says
Because minors generally cannot legally receipt for and control inherited property the same way an adult can, Pennsylvania Orphans’ Court practice is to require a mechanism that protects the child’s funds and provides accountability. Depending on the amount and the source of the funds, that mechanism may be a guardianship of the estate, a court-restricted deposit, or a transfer under Pennsylvania’s Uniform Transfers to Minors Act (UTMA).
The Statute
The primary law governing a common “no-guardianship” option is 20 Pa.C.S. § 5103.
This statute allows the court to order a minor’s cash to be deposited into an insured savings account in the minor’s name, with withdrawals restricted until the minor reaches the age of majority (unless the court authorizes an earlier withdrawal).
Why You Should Speak with an Attorney
While the concept sounds simple (“just wait until the child is 18”), the legal and practical risks are where families get tripped up. Whether you can avoid a supervised guardianship depends on details like the amount, the type of asset, and what the will/trust says.
- Court requirements and local practice: Even when a guardianship can be avoided, the Orphans’ Court may require a restricted deposit or other protections under 20 Pa.C.S. § 5103, and local rules can affect what the court will accept.
- Asset type and control issues: Cash can sometimes be handled differently than securities, real estate interests, or wrongful-death/settlement proceeds. The “right” structure can change depending on what is being distributed.
- Liability for the executor/administrator: If a personal representative distributes incorrectly (or holds funds without authority), it can create objections at audit, surcharge exposure, and delays in closing the estate.
An attorney can evaluate the estate documents, the size and type of the minor’s share, and the county’s Orphans’ Court expectations to recommend a compliant option that protects the child and reduces the risk of later court problems.
For related planning issues, you may also find this helpful: Do I still need a trust if I have beneficiary designations to avoid probate in Pennsylvania?
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania 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.