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Handling Death of a Custodian for UTMA Accounts

In the death of a custodian of a Uniform Transfer to Minor Account (UTMA), and if those involved want to keep the account*, one of the four occurs:

  • If the original custodian named a successor custodian, the successor custodian assumes responsibility for the account upon the death of the original custodian. 
  • If the original custodian did not name a successor custodian and the minor is over age 14, the minor can appoint a successor custodian who is an adult member of the minor’s family, a legal guardian, or a trust company. 
  • If the minor is under age 14 and has a court-appointed legal guardian, the guardian can assume the role of successor custodian. 
  • If the minor is under age 14 and does not have a court-appointed legal guardian, the court may appoint a successor custodian who is an adult member of the minor’s family, a legal guardian, or a trust company.

* If no successor custodian can be appointed, funds are held until the minor reaches the age of majority and can access the funds based on state statute.


Do the following:

  1. Obtain a death certificate for the original custodian.
  2. Verify the minor’s age.
  3. Do one of the following:
    • If the minor is 14 or older and has appointed an adult member of his/her family, obtain a written statement from the minor (14 or older) indicating who he/she is appointing prior to revising the account.
    • If the minor is age 14 or older and did not appoint a successor custodian, obtain the court order appointing a successor custodian.
    • If the minor is under 14 years of age and has a court-appointed legal guardian, verify that the court-appointed guardian has assumed the role of successor custodian.
    • If the minor is under 14 years of age and does not have a court-appointed legal guardian, obtain the court order appointing a successor custodian.
      • Note: Recall the account to access the UTMA Successor Custodian form in *MD.
  4. Execute a new signature card with the successor custodian signing the revised card.



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