Last updated June 27, 2026
Wills · 5 min read
Where the nomination lives: the will, and the preneed declaration
If both parents die without nominating a guardian, a Florida court decides who raises the children — choosing among relatives who petition, sometimes in conflict, and without knowing your wishes. A nomination in your will gives the court your choice to consider (§744.312(3)(c)); the court still confirms the appointment is in the child’s best interest. A separate declaration naming a preneed guardian (§744.3046), signed before two witnesses and filed with the clerk, goes further: it is a rebuttable presumption that the person named is entitled to serve, and it takes effect if the last surviving parent becomes incapacitated, not only at death — which a will cannot do. Many Florida parents sign both.
What to consider
Think about shared values and parenting style, stability, location (would your children have to move?), the guardian’s age and health, and their relationship with your children. The "obvious" relative is not always the best fit.
Caregiving vs. money
You can separate roles: one person can raise your children (the guardian) while another manages money left for them (a trustee under a trust, or a custodian). Pairing a great caregiver with a careful money manager is a feature, not a compromise — and a trust for minors avoids a separate court-supervised guardianship of the property.
Name an alternate, and have the conversation
Always name a backup guardian. And talk to the people you choose — raising someone else’s children is an enormous commitment that deserves a real conversation. EstateDraftFL’s Florida will lets you nominate a guardian and an alternate; for complex family situations, a licensed Florida attorney can help.
Related reading
General information about Florida law, not legal advice, and not a substitute for advice from a licensed Florida attorney about your specific facts. EstateDraftFL is software, not a law firm.
Frequently asked questions
Who decides guardianship in Florida if I don’t name a guardian?
A Florida court decides, choosing among relatives who petition. Naming a guardian in your will tells the court who you would choose, and the court considers that nomination when it appoints (§744.312(3)(c)); a preneed guardian declaration (§744.3046) carries a rebuttable presumption that the person named is entitled to serve.
Can I name different people as guardian and money manager?
Yes. Many Florida parents name one person to raise their children and another (a trustee or custodian) to manage the money left for them.
General information about Florida law, not legal advice.