What it means
Both parents — or the surviving parent — may nominate a preneed guardian for a minor child: of the person, the property, or both. The nomination is a written declaration signed before two attesting witnesses present at the same time, identifying each child by full name, date of birth, and social security number. It can be filed with the clerk of court, who keeps it until it is needed or every named child turns 18.
The declaration takes effect when the last surviving parent dies or is adjudicated incapacitated: the named guardian's duties begin immediately, a petition to confirm the appointment is due within 20 days, and in court the declaration carries a rebuttable presumption that the nominated person serves.
- Both parents, or the surviving parent, nominate the guardian — of the person, property, or both, with an alternate allowed.
- Written declaration, two attesting witnesses present at the same time; each child listed by name, birth date, and social security number.
- Effective on the death or incapacity of the last surviving parent — the preneed guardian's duties begin immediately.
- Creates a rebuttable presumption that the nominee serves; an unqualified nominee can be passed over.
- Confirmation petition due within 20 days; the clerk holds filed declarations until needed or until all named minors reach 18.
How it plays out
Wishes about who raises a child, written into letters or emails, carry no legal force — families discover that at the worst possible moment. The §744.3046 declaration is the enforceable version: a short signed document, kept with the will, that hands the judge the parents' actual choice with a presumption behind it. For the property side we usually pair it with a trust, because even a hand-picked guardian of a child's property operates under full Chapter 744 supervision — bond, accountings, and court approval to spend.
Where this shows up
Pages on this site where § 744.3046 does real work:
Questions people ask
