The Short Answer

In Pennsylvania, you can name a guardian for your minor child in your will, and you can also name a separate guardian to handle property that passes to the child from you at your death. However, assets already held in a trust are usually managed by the trustee under the trust terms—not by the child’s guardian—so coordinating the will, the trust, and beneficiary designations is critical.

What Pennsylvania Law Says

Pennsylvania law allows a will to nominate a “testamentary guardian” for a minor child. The law distinguishes between (1) a guardian of the child’s person (who makes day-to-day and major life decisions) and (2) a guardian of the child’s estate (who manages certain property that becomes the child’s property). Separately, when assets are held in a trust, the trustee’s authority and duties generally come from the trust instrument and Pennsylvania trust law.

The Statute

The primary law governing a guardianship nomination in a will is 20 Pa.C.S. § 2519.

This statute establishes that a qualifying parent (and, in certain situations, any testator) may appoint by will a testamentary guardian for a minor child’s person and/or for property passing to the minor from the testator at death.

For trust-held assets, Pennsylvania law also recognizes that the trust document can set (and often controls) the trustee’s powers, duties, and investment authority. See 20 Pa.C.S. § 7319 (directions of the testator/settlor in the trust instrument control in many circumstances).

If you want more background on protecting a child’s inheritance, you may also find helpful: protecting a minor’s inheritance after a death in Pennsylvania and options to delay a minor’s inheritance to avoid a court-supervised arrangement.

Why You Should Speak with an Attorney

While the statutes provide the framework, applying them to your family and your assets is rarely simple—especially when you’re trying to coordinate a will nomination with a trust that will hold or distribute money for a child. Legal outcomes often depend on:

• Strict Deadlines and Court Oversight: A will nomination is not the same thing as “automatic authority.” In many cases, an Orphans’ Court proceeding is still required to confirm or appoint the appropriate guardian and set the scope of authority.
• Burden of Proof / Best-Interest Concerns: Even with a valid nomination, disputes can arise (for example, competing family members, concerns about suitability, or conflicts between documents). A court can scrutinize whether the proposed arrangement serves the child’s welfare.
• Trust vs. Guardianship Role Conflicts: If the same person is proposed as both caregiver and trustee (or guardian of the estate), conflicts of interest and distribution standards can become a problem. Pennsylvania trust law also limits certain self-dealing distribution powers in some situations. See, e.g., 20 Pa.C.S. § 7504.

Trying to “paper this over” without counsel can lead to the exact result you’re trying to avoid: a contested guardianship, delayed access to funds for the child, or a court stepping in to impose a different structure.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.