Minor's Estate

Overview

Guardianship of a minor's person and/or estate usually arises in the following circumstances:

  1. The minor's parents are deceased or, if living, are unable or unwilling to care for the child.
  2. The minor is to receive a sum of money or other property usually in the form of an award arising out of a lawsuit or through an inheritance.

You can petition to be guardian of the person, estate, or both. One person may be appointed guardian of the person and another person appointed guardian of the estate. 

Guardianship Terms & Definitions

  • Minor: A minor is a person under the age of 18 years old.
  • Guardianship of the Person: A minor needs a guardian of his/her person when the minor has no living parents, when the parents cannot be found, or when the parents are unable or unwilling to care for the minor. It is important to note that an order of appointment of guardian of a minor's person does not terminate the ongoing rights of the natural parents of the child. 
  • Guardianship of the Estate: A minor needs a guardian of his/her estate when he or she has, or is about to receive, any money or property with a value of at least $5,000 (such as from insurance, from an inheritance, or from the settlement of a personal injury case). A guardianship of the estate is not needed if the only asset of the minor is the right to collect social security benefits. For more information, please visit the Guardian's Duties page. 
  • Family and Divorce Court Issues: Probate Court is not the proper court for the determination of custody rights between the two legal parents of a minor child. If the legal parents are divorced from one another, or if they were never married to each other, custody proceedings between them take place either in Family Court or in Divorce Court.


Qualifications

To Be the Guardian of a Minor's Person:

  1. At least 18 years old
  2. A resident of the United States
  3. Of sound mind and under no legal disability
  4. Not convicted of a felony involving a minor, elderly, or disabled person
  5. Found capable of providing an active and suitable program of guardianship by the court.


Becoming a Guardian

You should review the Guardianship of Minor Info Sheet to learn about all of the regulations and procedures for obtaining guardianship.

Petition

Obtain paperwork from the Probate Clerk in the Lake County Courthouse. 

Fill out the following documents, if applicable: 

  • Petition for Appointment of Guardian of a Minor
  • Affidavit of a Petitioning Guardian of the Person for a Minor Child
  • Guardianship of a person-specific forms: Oath of Office of Guardian of the Person of a Minor
  • Guardianship of the estate-specific forms: Oath of Office of and Bond for Guardian of the Estate of a Minor

After the documents are complete, bring them to the Probate Clerk and pay the filing fee. The filing fee may be waived in cases of financial hardship, in which case you need to fill out an Application for Waiver of Court Fees. At this time, the clerk can schedule your case for hearing. 

Consent or Notice

Before the hearing, you must either: 

  • Obtain a written and notarized consent letter signed by the parents or nearest relatives* saying that they agree that you should become the guardian for the minor child. OR
  • Give notice to the parents** or nearest relatives of the hearing date.

* The "nearest relatives" of an unmarried minor are the parents and adult brothers and sisters of the minor. If there are no living parents or adult brothers and sisters of the minor, then the next nearest adult relatives, such as grandparents and/or aunts and uncles, should be given notice.

** A non-custodial parent is entitled to notice of a hearing on a guardianship petition.

Consent: If you can get written consent, have them fill out the Appearance Consent to the Appointment of Guardian of Minor in front of a notary and e-File the document at the Clerk's office. 

Notice: If you cannot obtain consent, then you must send them a written Notice of Court Date for Motion, which includes the date, time, and place of the hearing by mail or in person. The e-Filed Notice and a copy of your Petition for guardianship must be sent to the parents or nearest relatives of the minor (and to any person who already has legal custody or guardianship of the minor) at least three days before the hearing date.

Locating Parents

If one or both parents of the minor are deceased, you must include their Death Certificate with the Petition.

If a parent cannot be located, you must send notice to that parent at their last known address. Or, if you are unable to locate the minor's parent after a diligent search, the Judge may authorize Publication in a newspaper. 

Background Check

You must submit to a background check at the Lake County Sheriff's Office at 25 S MLK Jr. Ave, Waukegan, IL. You will be required to bring your Petition for Guardianship documents and pay a fee, unless you have been granted a fee waiver.

Consent of Minor

If the minor is 14 years old or older, he or she must consent in writing to the guardianship. The minor will show a valid ID, fill out, the Nomination of Guardian for Minor in front of a notary or the judge during court, and file the document.


Hearing

Bring all relevant and required documents to court:

  • Birth Certificate of the minor
  • Death Certificate of any deceased parent
  • Consent from the minor's parents/consent from the minor over 14 years

Check in with the clerk in the courtroom and bring all relevant documents. When the Judge calls the name of the minor, step up to the bench.

After the hearing, if the court has agreed to appoint you as the minor's guardian, the Probate Clerk will send you letters of office that you can take to the school or to anyone else who needs to know that you have authority to act for the minor.