What Really Happens When a Minor Inherits
A parent dies. The paperwork points to the kids. Family expects things to fall into place, assets passing smoothly through a will. But Missouri law steps in with its own set of rules—especially when those heirs are under 18. Most families don’t see the tripwire until it snaps shut. If there’s no trust, the law doesn’t let a minor take the wheel, no matter what the will says. The state has built a fence around minor’s inheritances—part shelter, part bureaucratic barrier—and it’s easy to miss until you hit it.
Missouri calls anyone under 18 a minor. If a parent leaves money or property directly to a child—through a will, a retirement account’s beneficiary line, or just by dying without a plan—the system reroutes everything. Courts and banks won’t hand the keys to a kid. The entire asset pool goes under court supervision. This isn’t just a formality. It’s a process: guardianship papers, conservatorship filings, and a judge’s ongoing thumbprint on a family’s financial life until the child turns legal age. It’s supposed to protect, but it’s far from simple or quick.
Guardians, Conservators, and the Machinery of Probate Court
Missouri doesn’t trust a child with money or property. Someone else has to step in. Two specific jobs get appointed: the guardian (taking care of the person—where they live, their health, school, and well-being) and the conservator (handling every dollar and deed of the inheritance). Sometimes it’s one person wearing both hats. Sometimes not. Each has a legal job to do.
If there’s no clear direction in your will, the probate court makes the call. Relatives usually get first shot, but even then, it’s the judge’s decision. The conservator has to file a petition, attend a hearing, and usually promise—often with a bond—to play it straight. After that, the clock starts. Every year, the conservator sends an accounting to the court: what’s spent, what’s invested, what’s left. Can’t sell property, tap big accounts, or take big risks without showing it to a judge first. The conservator gets paid (a little), but it all comes from the child’s share. So do the court costs. So do the lawyer’s bills.
If you’re picturing a smooth track, erase it. Families get mired in paperwork, waiting rooms, and slow court calendars. Buying new school clothes or covering a medical bill could mean filing for permission. If the family moves out of state, things can get even more tangled, with Missouri’s court still clinging to authority like a stubborn thornbush.
The Toll of Court Control
This structure looks protective on paper. In real life, it can grind families down. Every decision with real money behind it hits a wall of court approval. Hearings can stretch weeks into months. Even urgent needs—medical care, therapy, sports fees—can hang in limbo. Relatives, sometimes at odds, may fight over who gets control. Their battle unfolds in public. The courthouse file shows every detail of the inheritance, where it goes, how fast it burns. Anyone willing can read it, making the family’s money matters a matter of public record. Learn more about 3 simple ways to avoid probate costs.
Disputes over conservatorship are settled out in the open. Arguing relatives, expensive lawyers, all of them answering to the system. The child’s future gets wrapped up in legal tape and court schedules. And the assets—meant to buy opportunity and security—slowly shrink from all the fees and waiting.
The Clock Strikes 18: A Hard Transition
There’s a deadline built into this machine. When the minor turns 18, the door swings open. The conservatorship ends. Whatever’s left passes, in one shot, to the now-legal adult. No training required. No guardrails. Every dollar and asset lands on the desk of someone whose main experience with the system has been telling people their age.
Most 18-year-olds stand at the threshold of adulthood with little real sense for money. $10,000 or $1,000,000—it all lands in the same checking account, ready to use. No law stops them from burning through it. Nobody has to coach, pause, or even ask questions. The state considers its duty finished. That’s how windfalls blow away, or worse, get tangled by fast-talkers and distant “friends.” Houses, farms, businesses—if those are part of the inheritance—they go too. There’s no slow handover, no mentoring, no official pause for second thoughts.
And since the conservatorship records are public, word spreads quickly about any young person who’s just come into money. That, too, brings its own risks.
Smarter Approaches: Planning That Fits Missouri Law
The default system—court, conservator, public record—rarely matches a family’s hopes or the realities of raising a child through loss. Missouri does offer better ways, if you use them on purpose. Each comes with its own requirements and trade-offs.
Trusts: The Private, Controlled Option
The cleanest solution is a revocable living trust. The parent creates it while alive, choosing a trusted adult (or even a pro) to manage everything after death. They spell out the plan: wait until twenty-five for access, pay college expenses from the trust, release funds in steps, cover health needs, maybe buy a used car for work. The rules fit the family, not just the court’s template. The trustee follows the playbook written by the parent, not by a judge. Learn more about why a trust for your child should mature with your child and understanding the basics of trusts in estate planning.
There’s no court poking into the family’s business unless trouble brews. The details stay private. A trustee still answers to basic legal duties but isn’t burdened by annual court reporting unless someone demands it. The expense, the delays, and the public record disappear. Most families never look back after putting this in place.
Missouri UTMA Accounts: Simple, with a Catch
Missouri’s Uniform Transfers to Minors Act lets parents or others move money or property for a child outside the court system. They pick a custodian (“John Doe, as custodian for Jane Doe under the Missouri UTMA”), and that adult handles everything, without court oversight. It works well for smaller inheritances or where the situation doesn’t call for long-term guardrails. It’s quick. It’s cheap. No annual filings.
But when the child turns 21—or sooner, if the original paperwork says so—they get it all, free and clear. No strings, no delay. You can’t extend oversight past that point or customize the payout. Some families can live with that limit. Others can’t risk it, not with bigger sums or complicated needs.
Watch the Beneficiary Lines
Bank accounts, life insurance, retirement plans—these often let you name a direct beneficiary. Some parents just write in a minor’s name, thinking the payout will be fast. But banks and insurance companies refuse to cut a check to anyone under 18. They demand proof of a conservatorship or a UTMA arrangement before releasing funds. This surprises families every year, especially after a loss.
If you want to avoid probate drags and conservatorship headaches, look at every beneficiary designation. Make sure it matches your wider plan. Let the trust or UTMA handle the payout. Miss one of these, and Missouri’s system steps right back onto the field.
The Straight Path: Protect What You Build
Missouri’s default system—wills, intestate rules, and court-supervised processes—puts families at the mercy of red tape and public oversight. It drains time and money and offers little guidance once the child is legally grown. Most parents want more: control, privacy, someone they trust overseeing the money, and a plan that holds together when stress hits.
Missouri law offers the tools, but you have to pick them up. A living trust centers the plan around family, not bureaucracy. A UTMA account works for simpler, smaller legacies. Either way, don’t leave the machinery on autopilot. Consult an actual Missouri estate attorney. Make a plan that fits your child, avoids needless court control, and keeps the family’s future within the family’s hands.