When planning your estate, you may want to leave your home, savings, or other valuable property to your children or grandchildren. But what happens if your beneficiary is still a minor when you pass away? In Illinois, minors cannot legally inherit property outright — which means that special planning is required to protect those assets and ensure they’re used for your child’s benefit. So what happens to properties left to minors in Illinois?
Here’s what you should know about leaving property to minors in Illinois, and how an experienced estate planning attorney can help you make the right decisions for your family’s future.
Under Illinois law, anyone under the age of 18 is considered a minor and cannot directly own real estate or other valuable assets. If a child is named as a beneficiary in your will or receives property through intestate succession (when there is no will), the court must appoint a financial guardian or establish a trust to manage the inheritance until the child becomes an adult.
Without this extra planning, the process can become complicated and costly, involving probate court oversight and annual accountings.
If you don’t make prior arrangements, the court will appoint a guardian of the estate to manage the property on behalf of the child. This person will make financial decisions, invest funds, and use the assets for the child’s needs — but their actions will be closely supervised by the probate court.
While this option provides protection, it can also create unnecessary delays and expenses. A better approach is to name a financial guardian yourself in your will or estate plan, giving you control over who will manage your child’s inheritance.
One of the best ways to leave property to a minor is through a trust.
You can set up a revocable living trust during your lifetime or a testamentary trust through your will. With a trust, you appoint a trustee who manages the assets according to your instructions — for example, to pay for education, healthcare, or living expenses.
The trust document specifies when and how the child will receive the property outright, such as at age 21 or 25. This helps protect the inheritance from mismanagement, creditors, or outside influences.
The UTMA allows you to transfer property or money to a designated custodian who manages it until the child turns 21 (or 25 if you specify in the document). UTMA accounts are simpler than trusts and don’t require court involvement, but they also offer less flexibility.
Once the child reaches the specified age, they gain full control over the assets — even if they’re not financially mature yet.
If you don’t take steps to plan for your minor beneficiaries, your loved ones may face:
An estate planning attorney can help you avoid these problems by creating customized documents that fit your family’s needs and goals.
An Illinois estate planning lawyer can help you:
At Estate & Probate Legal Group, we help families plan for their children’s financial security — now and in the future.
Explore related resources to protect your minor children through strategic, proactive estate planning:
Do you have questions about properties left to minors in Illinois? Estate planning for families with young children requires careful attention to detail — and compassionate legal guidance.
The attorneys at Estate & Probate Legal Group in Oak Brook help Illinois parents and grandparents create clear, effective plans that protect minors and preserve family wealth.
📞 Call us at (630) 864-5835 or visit estateandprobatelegalgroup.com to schedule a consultation.
