When a loved one passes away, their estate often goes through probate—a court-supervised process of distributing assets and resolving debts. In Tucson, Arizona, probate becomes more complex when minors are involved. Children under 18 cannot legally inherit property or manage finances on their own, which is where guardianship plays a vital role.
What Is Guardianship in Probate?
Guardianship is a legal arrangement in which the court appoints an adult to care for a minor’s personal and/or financial needs. In probate cases, this often means managing the child’s inheritance, making important life decisions, and ensuring their overall well-being.
There are two common types of guardianship in Arizona probate cases:
- Guardian of the Person – Responsible for the child’s day-to-day care, including housing, education, and healthcare.
- Guardian of the Estate – Manages the minor’s inheritance, investments, and property until the child turns 18.
Sometimes, one person may serve in both roles, but in other cases, the court may appoint separate individuals.
Why Guardianship Is Necessary in Tucson Probate Cases
Arizona law requires guardianship when minors inherit assets through probate. Without a guardian, the court cannot properly distribute the estate. This ensures:
- Financial protection – Prevents misuse of the child’s inheritance.
- Legal oversight – Courts monitor guardians to make sure decisions are in the child’s best interest.
- Stability for the child – Ensures continuity of care and responsible management of resources.
Choosing the Right Guardian
The court typically considers family members first when appointing a guardian, but the ultimate decision is based on the child’s best interest. If parents have named a guardian in their will, the court usually honors that choice unless circumstances make it unsuitable.
For Tucson families, planning ahead by designating a guardian in an estate plan can help reduce disputes and stress during the probate process.
Final Thoughts
Guardianship is one of the most important aspects of probate when minors are involved. It protects both the child’s well-being and their financial future. If you’re navigating probate in Tucson, working with an experienced professional can make the process smoother and less overwhelming.
For guidance on probate-related real estate matters, contact Ryan Comstock, Tucson Realtor. With local expertise and a compassionate approach, Ryan can help you manage real estate transitions during probate.
📞 Phone: 520-261-4669
🌐 Website: www.ryancomstock.com