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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