Guardianship Designation
The clause in a will nominating who should raise the testator's minor children — the one decision no other standard estate document can make. Courts honor the nomination absent disqualifying circumstances; without it, a judge chooses.
What it means
A guardianship designation names a guardian of the person (day-to-day care) and can separately address the guardian of the estate (managing the child's property). Naming a backup guardian is standard practice. Because guardianship defaults to a best-interests hearing with competing relatives, this clause alone justifies making a will for any parent of minors.
Primary sources
Read more
- Dying Without a Will: Who Gets What in Your State (2026) — Die without a will and state intestacy law picks your heirs, a judge picks your kids' guardian, and unmarried partners get nothing. See exactly who inherits.