Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 27, 2026 · Last reviewed June 26, 2026
Naming a guardian for your minor kids is the top reason new parents make a will. Without one, a court decides who raises them — usually a relative, but not always the one you'd pick. Naming a guardian is the easy part; the conversation is the hard part.
Both parents sign wills naming the same primary and backup guardian for any minor kids. A guardian named outside a will — in a separate letter, say — usually isn't legally binding.
Your first choice may decline, become unable, or turn out to be a poor fit when the time comes. Name at least one backup. You can name a couple jointly, but think through what happens if they divorce or one dies.
Don't spring this on someone in your will. Talk it through, share how you'd want your kids raised, and confirm they're willing and able. Asking first also lets you adjust if they say no.
Would the guardian have to move your kids? Are they financially steady? Do they have the energy for the kids' ages? These practical factors often matter more than who you love most.
You can name one person to raise the kids and a different person — or a trust — to manage the money. This is common when the best parenting fit isn't the best with money. Set up a trust to hold any inheritance for minor kids.
More on this topic: the Wills & Estates hub
NotALawyer.com provides general legal information, not legal advice.