Should I be Using a Custodian for Probate?

Scott Grossman

Scott Grossman

- Attorney

Scott Grossman is certified by the State Bar of California Board of Legal Specialization as a specialist in Estate Planning, Trust, and Probate Law. He represents clients in cases throughout California.


using a custodian for probate

There is a simpler process for transferring the inheritance of a minor child. A minor child’s inheritance can be transferred to a custodian rather than becoming an appointed guardian by the probate court.  However, there are various probate laws, rules, and regulations in California that determine whether or not a custodian can used. Are you the personal representative of an estate with beneficiaries who are minors? If so contact an experienced San Diego probate lawyer before making any distributions. Keep on reading to learn more about whether using a custodian for probate is the right choice for you.

When Should I be Using a Custodian for Probate?

  • If the trustee or personal representative of the San Diego estate believes distributing the asset to a custodian is best for the child
  • Transfer to a custodian does not go against the terms of a will or trust
  • The amount transferred to the custodian is less than $10,000
  • When the Court grants permission. Say the amount is more than $10,000 and the custodian is a trust company or the trustee of a trust that does not require the trustee to post a bond

Making the decision of using a custodian for probate instead of a guardian could have significant consequences to the estate. Therefore, it is important that you find the right attorney to assist you through this process. Our article, How to Choose a San Diego, California Probate Attorney, provides helpful information on how to find the right legal professional for your matter. Contact an experienced San Diego probate attorney today for further guidance. Call the Grossman Law Firm at (888) 443-6590 or fill out our quick and easy online form today. It would be our pleasure to further assist you.


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