How do you name a guardian for your children in a Will?

You name a guardian by including a guardianship clause in your Last Will and Testament. This designates a specific person to raise your minor children if both parents die. You should also name an alternate guardian in case your first choice is unable to serve. At USLegalWills.com, guardian appointment is built into the Will-writing process.

What happens if you don't name a guardian for your children?

If no guardian is named in a Will, the court decides who raises your children. This can lead to disputes between relatives, and the court may appoint someone you would not have chosen. If no suitable relatives exist, the child may be placed with a government agency or foster care.

Should the guardian also manage the child's inheritance?

Not necessarily. Many estate planners recommend separating the guardian of the person (who provides daily care) from the guardian of the property or trustee (who manages finances). This provides checks and balances and ensures money is managed by someone with financial skills.

Can you set up a trust for minor children in your Will?

Yes. A testamentary trust can be created within your Will to hold assets for your children until they reach a specified age. You can split distributions across multiple ages - for example, one-third at 21, one-third at 25, and the remainder at 28. USLegalWills.com provides full flexibility for creating these trusts.

How do you name guardians for children? - your Last Will and Testament

Originally published: June 7, 2017 | Last updated: December 18, 2025

TL;DR: If you have minor children, naming a guardian in your Will is the single most important reason to have one. A guardian assumes complete parental duties which include providing shelter and educational opportunities and medical care and emotional backing when both parents pass away. A court will determine which person will serve as guardian for your children when you do not designate a guardian which could result in family conflicts about custody or children being placed under state care. You should also appoint a separate guardian of the property (or trustee) to manage finances, name an Executor, and consider setting up a testamentary trust. At USLegalWills.com, all of these can be configured in about 20 minutes for $49.95.

Why Is Naming a Guardian for Your Children So Important?

Many people assume they only need a Will when they are elderly. That is wrong. People must create their first Will after they become parents. The main purpose of this document exceeds asset distribution because its main goal involves selecting someone who will care for your children when you become unable to do so.

The parent who remains alive will usually take responsibility for their children after one parent passes away. But if both parents die – in a car accident, plane crash, or any other tragedy – minor children need a legally appointed guardian. Without one named in a Will, the court makes that decision for you.

What Exactly Does a Guardian Do?

A guardian serves as a substitute for parental duties by taking full responsibility to raise the child until the person reaches 18 years of age. This includes:

Housing: Providing a stable home environment
Education: Managing schooling decisions
Health care: Attending to all medical and dental needs
Values: Providing moral and religious guidance consistent with the parents’ wishes
Social development: Monitoring and supporting the child’s social life
General welfare: Providing the full range of love and care every parent is expected to provide

How Do You Choose the Right Guardian?

Selecting a guardian for your children stands as the most vital choice which parents need to make in their lives. There are pros and cons to every option:

Potential Guardian	Pros	Cons
Grandparents	Close relationship; often eager to help	May lack energy as they age; health may decline
Siblings	Similar upbringing; strong family bond	Must be stable; own family obligations
Other relatives	Family connection; shared values	Relationship may not be close enough
Close friends	Shared parenting values; chosen relationship	No legal family connection; may face challenges

Key considerations:

Age matters: Grandparents who seem fit today may not have the energy to raise children 15 years from now
Stability: The guardian should have a stable home, relationship, and lifestyle
Willingness: Always consult with your prospective guardian before naming them in your Will
An alternate is essential: Always name a backup guardian in case your first choice cannot serve

How Do You Name a Guardian at USLegalWills.com?

At USLegalWills.com, naming a guardian is a built-in part of the Will-writing process:

You identify your family structure and indicate whether you have children
You enter each child’s date of birth
If any child is a minor in your state, the service automatically prompts you to name a guardian
You can provide a reason for your chosen appointment
You name an alternate guardian in case your first choice is unwilling or unable to serve

What Happens to Your Children’s Assets?

Beyond naming a guardian for daily care, you need to plan for how your assets will be managed for your children’s benefit. A Will addresses several important asset questions:

What Happens to the Family Home?

If both parents die, the child will typically move into the guardian’s home and the family house will be sold. Your Will allows you to decide whether the house should remain in your estate for investment purposes or for your child to use when they become an adult. The system operates most effectively when children reach their eighteenth birthday because it requires this specific age for proper functionality.

What About Personal Belongings?

Family albums together with digital possessions and cars and furniture and jewelry and recreational equipment hold sentimental value for many people. Your Will can ensure these items are preserved for the child rather than sold, and formally transferred when the child reaches 18.

How Are Remaining Assets Managed?

The money which remains after estate debts and taxes and administration fees should support the children. A property guardian appointment or trust establishment will determine how your funds will be managed.

Who Should Be Your Executor?

Your Executor (also called a Personal Representative or Estate Trustee) is responsible for:

Probating the Will properly
Paying debts and bills at the right time
Carrying out the instructions in your Will
Managing any disputes over assets, property, or guardianship
Maximizing funds available for your children’s benefit

Most Wills appoint the other parent to serve as the main Executor. You should always name an alternate to cover the possibility that both parents die simultaneously. An Executor can be a family member, friend, professional, or a business entity such as a bank.

At USLegalWills.com, you can name up to 3 co-Executors and up to 3 alternates.

Should You Appoint a Separate Guardian of the Property?

Yes. The guardian of the property (or trustee) manages the financial assets on behalf of your children. This person should be:

Good with money management
Trustworthy and responsible
Someone who understands and cares about your children

For young children, the guardian of the property may need to manage funds for up to 18 years. The system needs management to handle housing requirements and educational needs and medical treatment and complete child care responsibilities while protecting financial assets which should last until the child achieves adulthood.

The system generates two opposing control mechanisms because it separates personal guardian duties from property guardian responsibilities. The person who takes care of daily needs operates independently from the person who manages financial resources.

Can You Set Up Trusts for Minor Children in Your Will?

Yes. A testamentary trust is created within your Will and takes effect after your death. It allows you to:

Appoint a trustee to manage assets
Set the terms of how money is distributed
Specify the age at which your child receives their inheritance
Split distributions across multiple ages for added protection

For example, you might specify that your child receives one-third of their inheritance at age 21, one-third at 25, and the remainder at 28. This prevents an 18-year-old from receiving a large sum of money all at once.

At USLegalWills.com, the trust setup is fully flexible – you control the ages and percentages for each child individually.

What Other Situations Does a Will Address for Parents?

The will establishes rules which define how step-parents will care for children while it determines the inheritance path for children who already belong to one parent.
Multiple children: Typically the same guardian is named for all children, but exceptions can be made if there is a wide age gap or half-siblings with different family connections
Trusts for different needs: Each child’s trust can have different terms based on their individual needs

For just $49.95 and about 20 minutes, you can ensure the right guardians are named, your assets are properly managed, and your children are protected. Get started at USLegalWills.com.

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Tim Hewson

President and CEO at US Legal Wills

Tim Hewson is one of the founders of USLegalWills.com.

He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets, and has contributed to articles in The New York Times, NY Metro Parents, U.S. News & World Report, and other leading publications. He has also contributed to a number of financial planning books.

Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.