Naming a guardian for your children in Texas

Why writing it down matters

If both parents die without designating a guardian, a Texas court decides who raises the children — choosing among relatives who apply, sometimes in conflict, and without knowing your wishes. A written designation gives the court your choice to follow (the court still confirms the appointment serves the child’s best interest).

What to consider

Think about shared values and parenting style, stability, location (would your children have to move?), the guardian’s age and health, and their relationship with your children. The "obvious" relative is not always the best fit.

Caregiving vs. money

You can separate roles: one person can raise your children (the guardian) while another manages money left for them (a trustee under a trust in your will, or a custodian). Pairing a great caregiver with a careful money manager is a feature, not a compromise — and a trust for minors can avoid a separate court-supervised guardianship of the property.

Name an alternate, and have the conversation

Always name a backup guardian. And talk to the people you choose — raising someone else’s children is an enormous commitment that deserves a real conversation. EstateDraft’s Texas will lets you designate a guardian and an alternate; for complex family situations, a licensed Texas attorney can help.

Frequently asked questions

Who decides guardianship in Texas if I don’t name a guardian?

A Texas court decides, choosing among relatives who apply. Designating a guardian in your will tells the court who you would choose, and courts give that designation significant weight.

Can I name different people as guardian and money manager?

Yes. Many Texas parents name one person to raise their children and another (a trustee or custodian) to manage the money left for them.

General information about Florida law, not legal advice.