US-New YorkCan I designate a guardian for my minor children in my will?
Yes, you can designate a guardian for your minor children in your will under New York law, but the court must approve the appointment.
What the Law Says
New York law allows parents to nominate a guardian for their minor children in a last will and testament. However, this nomination is not automatic—it becomes effective only after judicial approval by the Surrogate’s Court.
The authority comes from the Estates, Powers and Trusts Law (EPTL). A parent’s nomination carries significant weight with the court, but the court retains final authority to appoint a guardian based on the child’s best interests.
The nominated guardian must be at least 18 years old, of sound mind, and not disqualified by law (e.g., convicted felon or adjudicated incompetent). The nomination remains valid even if the will is later revoked—unless the revocation expressly cancels the guardianship provision.
Once appointed, the guardian serves until the child turns 18, unless removed by the court for cause or the guardian resigns with court approval.
Statutory TextA parent may nominate a guardian of the person and/or property of his infant child by will or other written instrument executed in the same manner as a will.
— EPTL § 17-1.1(a) — Nomination of guardian by parent
Statutory TextSuch nomination shall be subject to confirmation by the surrogate's court.
— EPTL § 17-1.1(b) — Confirmation by surrogate's court
What to Do
Execute a valid last will under New York law (signed by you and two witnesses).
Include a clear, written nomination clause naming your preferred guardian(s) and alternates.
File a petition for guardianship in the Surrogate’s Court in the county where the child resides after your death.
Provide notice to all interested parties (e.g., other parent, adult siblings) at least 30 days before the hearing.
Attend or have your representative attend the court hearing, where the judge will assess suitability and confirm the guardian.
Sources
Same Question, Other Jurisdictions
SingaporeNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.