Naming a Guardian for Minor Children in Rhode Island: What Parents Must Know

If both parents die without naming a guardian, Rhode Island's municipal probate court decides who raises your children. The judge will consider the child's best interests, but the decision is made by a stranger based on limited information — and family members you would never choose may petition for custody.

A guardian nomination in your will prevents this. Here is how it works in Rhode Island.

How to Nominate a Guardian

The guardian nomination goes in your will. Rhode Island courts give strong deference to the testamentary nomination — the person you name is almost always appointed unless there is clear evidence they are unfit.

Your will should name:

• A primary guardian: Your first choice
• An alternate guardian: In case your primary choice is unable or unwilling to serve
• Whether the same person manages finances: You can separate the guardian of the person (who raises the child) from the guardian of the estate (who manages the child's inheritance)

Both parents should name the same guardian in their respective wills. If the parents name different guardians and both die simultaneously, the court must choose between them — which defeats the purpose of planning ahead.

What If You Do Not Nominate a Guardian

Without a nomination, the municipal probate court appoints a guardian through a formal process under RIGL Chapter 33-15.1. Any interested person can petition the court, which means:

• Grandparents on either side may file competing petitions
• Aunts, uncles, or family friends may petition
• If no suitable family member comes forward, the state can place your child in foster care temporarily

Contested guardianship cases involve formal hearings, attorney fees, and months of court proceedings — all while your children are in legal limbo. This is the single most important reason for parents with minor children to have a will, even if they have minimal assets.

What the Court Considers

If multiple people petition for guardianship, or if someone challenges your nomination, the court weighs:

• The child's existing relationship with the proposed guardian
• The guardian's ability to provide a stable home
• The child's preference (for older children)
• Geographic proximity to the child's school and community
• Any history of abuse, neglect, or substance issues

Your nomination carries significant weight, but the court can override it if the named guardian has a documented history that would endanger the child.

Guardian of the Estate

If your child inherits assets — life insurance proceeds, property, or a share of your estate — someone needs to manage those assets until the child reaches 18. This is the guardian of the estate, and it does not have to be the same person raising the child.

Some parents intentionally separate these roles: a close friend or sibling raises the child, while a financially responsible family member or professional manages the inheritance. This prevents conflicts of interest and ensures the money is available when the child needs it for education or housing.

If you do not name a guardian of the estate, the court appoints one — often with bonding requirements and annual accounting obligations that add cost and complexity.

Temporary Guardianship Before the Court Acts

There is typically a gap between a parent's death and the court's formal appointment of a guardian. During this period, a temporary guardian (sometimes called a standby guardian) designated in your estate planning documents can step in immediately to care for your children without waiting for a court hearing.

This is especially important for single parents with sole custody. Without temporary guardianship instructions, your children may be placed in emergency state custody while the court sorts out competing petitions.

Steps to Take Now

1. Choose a primary and alternate guardian — talk to them before naming them
2. Decide whether to separate guardian of the person and guardian of the estate
3. Include the nomination in your will with clear language
4. Provide written guidance (a letter of instruction) about your children's needs — school, medical conditions, religious upbringing, contact with extended family

The Rhode Island Basic Estate Planning Kit includes a guardian nomination template and a letter of instruction worksheet that captures everything your chosen guardian needs to know about your children.

See more Rhode Island guides →