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Illinois guide
New baby? Put these in place first
If something happens to both parents, a court decides who raises a child and manages the money. A written, witnessed choice of guardian guides that decision. A minor also cannot manage an inheritance, so decide how your child will inherit and update your beneficiary forms to match.
Start with the hardest question
If something happened to both parents, who would raise your child, and who would manage the money? Illinois lets you answer in writing. If you do not, a court answers for you.
A parent may name a guardian in any writing, including a will. The writing needs two adult witnesses, and neither can be the person you named. If it is signed and witnessed the way a will is, it is treated as valid on its face. You can also name a backup. Naming a guardian does not take away the other parent’s rights. 755 ILCS 5/11-5
Two jobs: the person and the money
A court appoints a guardian for a child in one or both of two roles, and you can name the same person for both or different people.
Guardian of the person
Has custody of the child and provides care, upbringing, and education. This is the one most parents think of first.
Guardian of the estate
Manages the child’s property under the court’s control and must post a bond. It is often the person who handles the money, which is why many parents name a separate trustee. 755 ILCS 5/11-13
How a child can inherit
A minor in Illinois is anyone under 18. A child that age cannot manage money, so something has to stand in the middle. There are three common choices.
- No plan. A court appoints a guardian of the estate, with a bond and court oversight. The guardianship ends at 18 and the child receives what is left outright. 755 ILCS 5/11-1, 11-13, 11-14.1
- A custodian. Under the Illinois Uniform Transfers to Minors Act, an adult you name manages the property until the child reaches 21 for gifts and for transfers made under a will or trust. Some other transfers end at 18. 760 ILCS 20/21
- A trust. You choose the trustee, the ages, and the rules, such as paying for school first or releasing money in stages. It costs more to set up and is the most flexible choice. See Do I need a trust?
Life insurance and retirement forms
Life insurance is often the largest asset a young family has, and it goes to whoever is named on the form. Naming a baby directly causes problems. Illinois lets a payer hand money owed to a minor who has no guardian to a custodian. If you named a custodian on the form, it goes to that person. If you named no one, the payer may use an adult relative or a trust company, but not for more than $50,000. Larger amounts with no custodian named can end up in front of a court. 760 ILCS 20/8
The fix is simple: name a custodian or the trustee of a trust on each form, and then check that each form matches your will.
Six things to put in place
Tick each one as you finish it. This is a conversation starter, not advice, and nothing you tick is saved or sent anywhere.
Put the choice in writing and have two adult witnesses sign who are not the person you named. A will signed with witnesses meets that rule. A court still makes the appointment, in the child’s best interests. 755 ILCS 5/11-5
A will can name the guardian, an executor, and a trustee or custodian for a child’s inheritance. Without one, Illinois decides who inherits. See what happens if you die without a will.
A minor cannot manage money. Choose on purpose between a court-supervised guardian of the estate, a custodian, and a trust. The picture above shows how long each lasts. 755 ILCS 5/11-14.1; 760 ILCS 20/21
Life insurance and retirement accounts go to the person named on the form. If a child is named directly, a court may be involved. Name a custodian or the trustee of a trust on the form instead. 760 ILCS 20/8
A health care power of attorney and a property power of attorney name who speaks and acts for you if you cannot. They matter while your child is young and depends on you.
Talk to the guardian, the trustee, and the executor before they need to act. A guardian must be an adult U.S. resident who is not of unsound mind and meets the felony rule. 755 ILCS 5/11-3
Where to go from here
- Wondering about a trust? Read Do I need a trust in Illinois?
- Newly married or moved in together? See Marriage and your estate plan.
- See the A New Child page for the documents worth reviewing first.
- Compare the plans and fees, including the Foundation Plan.
Sources. Illinois law: 755 ILCS 5/11-1 (a minor is under 18), 5/11-3 (who may be guardian), 5/11-5 (appointment and designation of a guardian), 5/11-13 (duties of a guardian of a minor), 5/11-14.1 (when guardianship ends), 760 ILCS 20/8 and 20/21 (Uniform Transfers to Minors Act). Statute text checked October 2026.
Common questions
Can I name a guardian for my baby without a will?
Yes. A parent can name a guardian in any writing, including a will. The writing needs two adult witnesses who are not the person named. If it is signed and witnessed the way a will is, it is treated as valid on its face. Most parents put it in a will so everything is in one place. 755 ILCS 5/11-5
Who raises my child if both parents die and I named no one?
A court decides who to appoint as guardian, based on the child’s best interests. Relatives may disagree, and the process can be slow and public. Naming a guardian in writing gives the court your choice to work from. 755 ILCS 5/11-5
What if only one parent dies?
The surviving parent generally continues to care for the child. Naming a guardian does not affect the other parent’s rights, so it matters mainly when both parents cannot care for the child. 755 ILCS 5/11-5
What happens if my child inherits money before 18?
A minor cannot manage property, so a court may appoint a guardian of the estate. The guardian must post a bond and works under court control. The guardianship ends at 18, and the child receives what is left outright. A custodian or a trust lets you choose the person who manages the money, and a trust lets you choose the ages. 755 ILCS 5/11-13, 11-14.1
What is a custodian account for a child?
Under the Illinois Uniform Transfers to Minors Act, a custodian you choose manages property for a minor. For gifts and for transfers made under a will or trust, custodianship ends at 21. For some other transfers it ends at 18. It is simpler and cheaper than a trust but less flexible. 760 ILCS 20/21
Do I need a trust for my child?
Not always. A will that names a guardian and a custodian may be enough for modest estates. A trust makes more sense when you want to control ages and uses, when a child may have special needs, or when the assets are large. Do I need a trust in Illinois? walks through the question.
Expecting, or already home with a baby?
A consultation is the place to talk through guardians, how your child would inherit, and which forms to update first. Nothing is finalized until we have talked.
This page is general information about Illinois law and is not legal advice. It does not create an attorney-client relationship. Your situation may differ, and laws change. See the Disclaimer. Last updated October 2026.