Guardianship of Minors

The purpose of appointing a guardian of a minor (under the age of 18) through the Atlantic County Surrogate Court is to:

• Hold and protect funds that a minor receives as a result of a personal injury claim.
• Hold and protect money or property received by a minor who is a beneficiary in a Will.
• Hold and protect funds received by a minor as a named beneficiary of a life insurance policy, or other death benefit

A person must make application to the Surrogate’s Court for appointment as Guardian of the minor's property. The parents have the first right to make the application for guardianship. When a Friendly hearing is held, guardians should appear in the Surrogate's office following the Friendly, with the child’s original birth certificate, the child’s social security card, the parents’ photo identification, and cash or check for the processing fee.

Appointed Guardian

When appointed, the guardian will represent the interests of the minor with respect to the minor's property. In lieu of posting a bond, funds received for the minor will be deposited in the Atlantic County Surrogate's Intermingled Trust Fund and held until the minor reaches the age of majority (age 18).

Release of Money

The money in its entirety will be released to the minor upon their reaching majority age of 18 years. When the minor applies for release of the funds they must schedule an appointment with the Surrogate and provide the Surrogate’s Court with the following:

• Original birth certificate
• Photo ID
• Check or cash to pay withdrawal fee