Distributions to minor children (under 18).
When an estate includes heirs who are under the age of 18, special rules apply. Minor children cannot legally receive or control money or property on their own. If a child inherits from an estate, you must follow extra steps to protect the child’s interests and comply with the Court’s requirements.
Here’s what you need to know about distributions to minors.
Why Special Rules Apply to Minor Beneficiaries
The law assumes that minor children:
Do not have the legal capacity to manage finances
Need an adult guardian or conservator to manage inherited money or property until they reach adulthood
Must have their assets protected for their benefit, not spent by others
Even if the child’s parents are alive, additional Court procedures are often required.
Step 1: Identify Whether the Distribution Is to a Minor
Carefully review the heirs listed in the estate:
If any heir entitled to receive money or property is under 18 years old, you cannot simply hand over the distribution.
This rule applies whether the inheritance is $500 or $500,000.
Sometimes it is possible to delay distributions until the child reaches age 18.
The Court may require additional proceedings before any distribution can be made.
Step 2: Determine If a Conservatorship Is Needed
If the minor’s share of the inheritance is above a certain dollar amount, the Court may require the establishment of a Conservatorship.
This means:
An adult must petition the Court to be appointed as the minor’s Conservator.
The Conservator will manage the minor’s inheritance under Court supervision.
Annual accountings must be filed showing how the money is handled until the child turns 18.
👉 In Missouri, for example, if a minor inherits more than $35,000, a Conservatorship is usually required unless special arrangements (like a restricted account) are made.
Kansas has similar rules, though dollar thresholds may differ slightly.
Step 3: Explore Alternatives for Smaller Inheritances
If the minor’s share is relatively small, the Court may allow alternative methods to hold the funds safely, such as:
Restricted accounts — Funds are placed in a bank account where no withdrawals can occur without Court approval.
Custodial accounts under the Uniform Transfers to Minors Act (UTMA) — Funds are placed in an account for the minor’s benefit and controlled by an adult custodian until a certain age (often 21).
Direct payment to a parent or guardian — Only if specifically authorized by the Court and the amount is very small.
These options can avoid the full Conservatorship process — but must still be approved by the Court.
Step 4: Court Approval of the Minor’s Distribution
You will typically need to:
Petition the Court for permission to distribute the minor’s share
Propose how the funds will be safeguarded (conservatorship, restricted account, custodial account)
Provide detailed information about the proposed guardian or conservator
The Court will review the plan to ensure the minor’s inheritance is protected appropriately.
No distribution should be made to a minor without written Court authorization.
What Happens When the Minor Turns 18?
When the minor reaches legal adulthood (usually age 18):
Funds held in Conservatorship or restricted accounts must be turned over to the child.
The Conservator must file a Final Accounting and request to be discharged.
Any remaining Court restrictions are lifted.
The young adult then has full legal control over their inheritance.
Handling distributions to minor children involves extra legal steps — and extra care. Following the correct procedures protects both the child’s financial future and your responsibilities as personal representative.
When in doubt, always seek legal advice before making any distribution involving a minor.
Legal Disclaimer: This information is provided for general educational purposes only and does not constitute legal advice. Please consult an attorney for advice regarding your specific situation.