A parent can proactively decide to name a guardian for their child in a Will. A Will is a legal paper that lists a person's wishes about what they want to happen after their death.
How to Name a Guardian in a Will
If a parent names a guardian for their child in their Will, the person named can only become the legal guardian after the parent dies and the Surrogate's Court judge approves the guardianship.
Probate
For a Surrogate's Court judge to approve a guardian named in a Will, the Will must first be probated. Probate means proving that the Last Will and Testament of an individual is legally valid.
Finding a Court Help Center
For general information regarding Wills, visit Court Help Centers & Community Organizations and look to see if there is a Surrogate's Court Help Center located in the county where the child is present. Court-based Help Centers provide free information about the law and court procedure to people who do not have an attorney.