New Castle, PA asked in Probate for Pennsylvania

Q: Obtaining guardianship of a minors estate?

I reside in the state of PA. My minor son (he is 4) is a beneficiary on his deceased fathers life insurance policy. The insurance company is requesting that I get court documentation to show that I have been appointed as the guardian of my minors estate. I cannot for the life of me find the form that I needed to obtain the necessary steps to obtain the documentation that the insurance company wants. I would assume there is a form? Any insight on how to start this process? I called the local courthouse and was told it was handled in the probate division once I am ready to petition.

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1 Lawyer Answer
Stephen M. Asbel
Stephen M. Asbel
  • Probate Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: A guardianship of a minor's estate is required if the amount of the minor's assets exceeds $25,000.00. A guardianship of a minor's would be established by petitioning through the Orphans Court Division of the Court in your county.

It is important to note, however that while you can file the petition to appoint a guardian, under Pennsylvania law, the Court cannot appoint a minor's parent as a sole guardian of a minor's estate. You would thus need someone else to be the guardian. You could be appointed as a co-guardian along with the other guardian.

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