The Short Answer

In Pennsylvania, when a minor inherits from someone who died without a will, the inheritance generally cannot be paid directly to the child. Instead, the Orphans’ Court typically requires a legally recognized way to hold and manage the child’s share—most commonly a court-supervised minor’s estate/guardianship arrangement, or (for smaller amounts) a court-approved alternative that avoids a formal guardianship.

What Pennsylvania Law Says

When a minor is entitled to property from an estate, Pennsylvania law focuses on protecting the child by ensuring there is an authorized adult (or institution) with legal authority to receive, safeguard, and manage the funds or property until the child is old enough to receive it. Whether a formal guardian of the minor’s estate is required often depends on the size and type of the inheritance and what the Orphans’ Court orders in the estate administration.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 5101.

This statute establishes that when a minor’s total estate has a net value of $25,000 or less, the court may allow the minor’s property to be received/held without appointing a formal guardian of the estate, under court-directed circumstances (including awards from a decedent’s estate).

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 Requirements: Even when a guardianship may be avoided for smaller inheritances, the Orphans’ Court’s order controls how the minor’s share can be received and held under 20 Pa.C.S. § 5101.
• Burden of Proof: Someone must show the court what the minor is inheriting, the value, and why the proposed arrangement protects the child’s interests—especially if the inheritance includes real estate or settlement proceeds.
• Exceptions and Asset Type Issues: Different rules and practical problems can arise depending on whether the minor is inheriting cash, a bank account, life insurance proceeds, or real property. If a guardian of the estate is appointed, that guardian has defined powers and duties over the minor’s assets (including taking possession and administering them) under 20 Pa.C.S. § 5141.

Trying to handle this alone can lead to delays in distributing the estate, rejected distributions to the minor, or court involvement that could have been avoided with the right plan. For more background, you may find these helpful: guardian/guardian ad litem for a minor’s inheritance and using Pennsylvania’s UTMA for a minor heir.

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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.