You were named as Conservator — now what?

Your friend or loved one has written their last will & testament — and they just named you as conservator for their minor child (or children) should they and the other parent pass away. What does this actually mean? What are some things you need to know when you become a conservator?

What is a conservator?

A conservator, also sometimes known as a financial guardian or guardian of the estate, is someone appointed by the court to oversee the financial affairs and property of the deceased parent’s minor child.

In some states, "conservator" refers to adult incapacity cases, while for minors, the terms "guardian of the person" and "guardian of the estate" may be more common. That said, the wording can vary by state.

Note: if you were named as an "alternate conservator", then you will be asked to serve only if the person named as conservator is unable to, or declines to serve.

Learn more about conservatorship.

This role is different from that of the legal guardian, although sometimes the same person is named both. While every conservatorship arrangement is different, the legal guardian will generally be responsible for providing a home for and raising the child, while the conservator is responsible for:

• Managing the child’s property, including any money inherited from the deceased parent
• Managing the transition of this property to the child upon their reaching the legal age of majority

Learn more about the differences between guardians and conservators.

Do I have to serve as conservator?

No, being nominated does not obligate you to serve. When the time comes, you can decide whether to accept this responsibility or not. If you choose to decline, another alternate conservator named in the will can take over, and if no alternate is available, the probate court will appoint someone else to serve.

What should I do now?

Contact the Parents or Current Guardian

If the person that named you is alive and hasn’t done so already, get in touch to discuss the specifics of their wishes so you know exactly what your responsibilities will be.

• Ask why they chose you.
• Clarify what they expect of you.
• Understand the child’s current routines, health, education, and support systems.
• Discuss the child’s values, religion, school preferences, and important relationships.

Learn About the Legal Process

Congratulations, you've already started this part just by coming here!

Wills don’t automatically grant guardianship or conservatorship. You may still need court approval after the parent’s passing.

Talk to a family lawyer (or probate attorney) to understand:

• How your state handles guardianship/conservatorship appointments.
• What court filings or training you may need.
• What reports you’ll be expected to submit if appointed.

Get Your Own Affairs in Order
Make sure you’re emotionally, financially, and logistically able to take on this responsibility. Create or update your own will or estate plans to reflect guardianship plans, if needed.  With FreeWill, it's quick, 100% free, and you can update it at any time.

Understand the Child’s Needs

• Medical: allergies, conditions, mental health concerns.
• Education: IEPs, school records, tutor needs.
• Emotional: therapy, routines, attachments.

Start Gathering Important Information

• Copy of the will naming you.
• Insurance policies (especially life insurance naming the child).
• Trust documents (some parents leave assets in a trust rather than through a will).
• Contact information for doctors, schools, therapists, etc.