Guardianship of a Minor in Nassau County — Forms & Process

What Is Guardianship?

When a minor under 18 inherits money or property in New York — whether through a will, life insurance policy, lawsuit settlement, or intestate succession — someone must be legally appointed to manage those assets on the child’s behalf. Under SCPA Article 17 (Surrogate’s Court Procedure Act), the Surrogate’s Court can appoint a Guardian of the Property of an infant to receive, hold, and manage the minor’s funds until the child turns 18.

This is not the same as guardianship of the person (custody). Surrogate’s Court guardianship deals specifically with the minor’s financial assets and property. The guardian is a fiduciary who must act in the best interest of the child and account to the court for every dollar received and spent.

Once appointed, the guardian receives Letters of Guardianship — the official court document authorizing them to manage the infant’s property. These letters function similarly to Letters Testamentary in probate: banks, insurance companies, and other institutions require them before releasing funds.

Why does this matter? No bank, insurance company, or government agency will hand over money belonging to a minor without a court-appointed guardian. Even if you are the child’s parent, you cannot access their inherited funds without Letters of Guardianship.

Court Jurisdiction

Nassau County Surrogate’s Court has jurisdiction over a guardianship proceeding when the infant is domiciled in Nassau County or when the infant has property located in Nassau County. If the minor lives in another county but inherited real property or financial accounts held in Nassau County, the petition may still be filed here.

In practice, most guardianship petitions are filed in the county where the child lives. If you are unsure which court has jurisdiction, the safest approach is to file where the minor is domiciled — that court will have the broadest authority over the child’s property regardless of where the assets are located.

Required Documents

The Nassau County Surrogate’s Court publishes a Guardianship Checklist (G-2-B) that lists every document you need. Gather the following before filing:

Petition for Appointment of Guardian (Form G-2B) — the formal court filing requesting that the court appoint a guardian of the infant’s property. This form identifies the proposed guardian, the infant, and the property to be managed.
Birth certificate of the infant — a certified copy proving the child’s age and identity. The court needs to confirm the child is under 18.
Information on both natural parents — full names, addresses, and contact information for the infant’s mother and father. If a parent is deceased, you will need to provide the date and place of death and, ideally, a death certificate.
Information on all grandparents — names and addresses of the infant’s paternal and maternal grandparents. The court uses this to identify all persons who may have an interest in the proceeding.
Description of the infant’s property — a detailed accounting of the money or property the minor is entitled to receive, including the source (estate, insurance proceeds, settlement, etc.) and the approximate value.
OCFS-3909 form — the statewide criminal background check authorization required for all proposed guardians (see the fingerprinting section below).
Consent of the infant — if the minor is 14 years of age or older, the child must sign a consent to the appointment of the proposed guardian.

Both parents must be accounted for. The court requires information about both natural parents even if one is absent, unknown, or has had their parental rights terminated. If a parent cannot be located, you may need to provide an affidavit explaining the efforts made to find them.

Decree Types

When the court approves a guardianship petition, the Surrogate issues a decree specifying how the minor’s funds will be held and managed. There are two main types:

Joint Control Decree (No Bond)

Under a Joint Control Decree, the minor’s funds are deposited into a court-controlled account — typically a bank account in the name of the guardian and the Clerk of the Court jointly. No funds can be withdrawn without a court order. Because the court maintains direct control over the money, the guardian is not required to post a surety bond.

This is the most common arrangement in Nassau County. It protects the child’s assets while keeping costs low — the guardian avoids the expense of purchasing a bond. The funds remain locked until the child turns 18 or until the court authorizes a specific withdrawal (for example, for the child’s education or medical expenses).

Bond Decree

Under a Bond Decree, the guardian posts a surety bond — essentially an insurance policy guaranteeing that the guardian will faithfully manage the child’s assets. The bond amount is typically set at the full value of the infant’s property plus one year of anticipated income. Once the bond is posted, the guardian has more direct control over the funds without needing court approval for every transaction.

Bond Decrees are less common because surety bonds cost money (the annual premium is typically 1–3% of the bond amount) and the guardian assumes more reporting obligations. However, they may be appropriate when the guardian needs regular access to the funds — for example, to pay ongoing expenses for the child’s care.

Which decree is right? For most families in Nassau County, the Joint Control Decree is the simpler and less expensive option. You avoid the cost of a surety bond, and the court’s oversight provides an extra layer of protection for the child’s money. Choose a Bond Decree only if there is a compelling reason the guardian needs ongoing, flexible access to the funds.

OCFS-3909 & Fingerprinting

New York State requires every proposed guardian to undergo a criminal background check before the court will issue Letters of Guardianship. The process begins with the OCFS-3909 form — formally known as the Request for Statewide Central Register Database Check & Fingerprint-Based Criminal History Record Check — issued by the New York State Office of Children and Family Services.

Available in English and Spanish. The OCFS-3909 form is available in both English and Spanish from the Office of Children and Family Services. If the proposed guardian is more comfortable in Spanish, request the Spanish-language version when you contact OCFS or download it from their website.

After completing the OCFS-3909 form, the proposed guardian must be fingerprinted through IdentoGO by IDEMIA, the state-approved fingerprinting vendor. Here is the step-by-step process:

Step 1: Complete the OCFS-3909 Form

Fill out all sections of the OCFS-3909. You will need your full legal name, date of birth, Social Security number, and current address. The form includes a consent section authorizing the background check.

Step 2: Schedule a Fingerprinting Appointment

Visit the IdentoGO website or call 1-877-472-6915 to schedule an appointment. When prompted for the ORI (Originating Agency Identifier) code, enter: NY029SC3J. This is the specific code for Surrogate’s Court guardianship proceedings.

Step 3: Attend Your Appointment

Bring the completed OCFS-3909 form and a valid government-issued photo ID (driver’s license, passport, or state ID) to your IdentoGO appointment. Fingerprinting is done digitally — there is no ink involved. The process takes approximately 10–15 minutes.

Step 4: Results Sent to the Court

IdentoGO transmits the fingerprint results directly to OCFS, which then forwards the background check results to the Surrogate’s Court. Results typically take 2 to 4 weeks. The court will not issue Letters of Guardianship until the background check clears.

Do not wait. Schedule your fingerprinting appointment as early as possible — ideally before you even file the petition. The 2–4 week processing time is one of the biggest bottlenecks in the guardianship process. Getting fingerprinted early can shave weeks off your overall timeline.

Step-by-Step Process

Step 1: Determine Eligibility and Gather Information

Confirm that the minor has inherited or is entitled to money or property. Identify the source and value of the assets. Determine who will serve as guardian — typically a parent, but it can be any responsible adult. Collect information about both natural parents and all grandparents.

Step 2: Complete the OCFS-3909 and Get Fingerprinted

Complete the OCFS-3909 background check form and schedule your IdentoGO fingerprinting appointment using ORI code NY029SC3J. Do this first — the background check takes 2–4 weeks and runs in parallel with the rest of the process.

Step 3: Prepare the Petition and Supporting Documents

Complete Form G-2B (Petition for Appointment of Guardian) and gather all required documents from the checklist: the infant’s birth certificate, information on parents and grandparents, and a description of the property. If the infant is 14 or older, obtain their written consent.

Step 4: File the Petition

File the petition and all supporting documents with the Nassau County Surrogate’s Court at 262 Old Country Road, Mineola, NY 11501. Pay the filing fee. Filing can be done in person or via NYSCEF (New York State Courts Electronic Filing).

Step 5: Serve Notice on Interested Parties

All persons entitled to notice — including both parents, the infant (if 14 or older), and any person with whom the infant resides — must either be served with a Citation or sign a Waiver and Consent. If all parties sign waivers, no court hearing is needed.

Step 6: Court Review and Hearing

The court reviews the petition, the background check results, and all supporting documents. If everything is in order and no objections are filed, the Surrogate issues a decree appointing the guardian. If there are concerns or objections, the court schedules a hearing.

Step 7: Receive Letters of Guardianship

Once the decree is entered and the background check clears, the court issues Letters of Guardianship. These letters are your legal authority to receive and manage the minor’s property. Order multiple certified copies — banks and insurance companies each require their own.

Step 8: Deposit Funds Per the Decree

If the court issued a Joint Control Decree, deposit the funds into the designated joint account with the Clerk of the Court. If the court issued a Bond Decree, post the required surety bond and then collect the minor’s assets. File proof of deposit or bond with the court.

How Long Does Guardianship Take?

In Nassau County, a guardianship proceeding typically takes 3 to 6 months from filing to receiving Letters of Guardianship. The timeline depends on several factors:

Uncontested with waivers (fastest): 2–4 months. If all parties sign waivers and the background check comes back clean, the process moves quickly.
With citation service: 4–6 months. If any party must be served with a citation rather than signing a waiver, add time for service and the return date.
Background check delays: The fingerprint results from OCFS typically take 2–4 weeks but can take longer if there are issues (name hits, out-of-state records). The court will not finalize the appointment until the check clears.
Contested: 6 months to 1+ year. If someone objects to the proposed guardian, the court must hold a hearing to determine what arrangement is in the best interest of the child.

Speed tip: The single biggest time-saver is getting fingerprinted early. Submit the OCFS-3909 and schedule your IdentoGO appointment before you file the petition. That way the background check processes while the court reviews your paperwork.

Common Issues That Cause Delays

Fingerprinting delays — the OCFS background check is the most common bottleneck. If there is a "name hit" (someone with a similar name has a criminal record), the review takes longer. There is no way to expedite this — plan for it.
Missing parent information — the court requires details on both natural parents. If a parent is absent, unknown, or deceased, you must provide documentation explaining the situation. An incomplete petition will be sent back.
No birth certificate — the court needs a certified copy of the infant’s birth certificate. If you do not have one, order it from the local vital records office before filing.
Infant’s consent missing (age 14+) — if the minor is 14 or older, they must sign a consent form. The court will not proceed without it.
Incomplete property description — the petition must describe the infant’s property with specificity: the source of the funds, the current location or holder, and the approximate value. Vague descriptions cause rejections.
Bond procurement delays — if the court orders a Bond Decree, obtaining a surety bond from a bonding company can take additional time, especially for larger amounts.

Forms Needed

The following forms are used in a Nassau County guardianship proceeding. Official forms are available on the official court website:

Form G-2B — Petition for Appointment of Guardian of the Property of an Infant. This is the primary filing document.
Form G-3A — Oath and Designation of Guardian. The proposed guardian swears to faithfully manage the infant’s property and designates the Clerk of the Court for service of process.
Form G-5 — Surety Bond form, used when the court issues a Bond Decree rather than a Joint Control Decree.
OCFS-3909 — Criminal background check authorization, required for all proposed guardians. Available in English and Spanish.
Waiver and Consent — signed by interested parties who agree to waive citation service.
Consent of Infant — required if the minor is 14 years of age or older.

Google Forms available in English and Spanish. Keystone Pinnacle offers Google Forms for the guardianship process in both English and Spanish, making it easier for families to gather the required information in the language they are most comfortable with. Visit our Forms Directory for access.

Frequently Asked Questions

Do I need a lawyer to file for guardianship?

No — you can file pro se (without an attorney). The court provides the necessary forms, and the Surrogate’s Court clerk’s office can answer procedural questions. However, guardianship involves strict fiduciary duties and ongoing court oversight. Many families find it helpful to consult an attorney, particularly when the property involved is substantial or the family situation is complex.

Can a parent serve as guardian of their own child’s property?

Yes — and in fact, a parent is the most common choice. Being a child’s parent does not automatically give you legal authority over their inherited property, though. Even a custodial parent must petition the court and be formally appointed as guardian of the property before they can access the child’s funds.

What happens to the money when the child turns 18?

When the minor reaches 18, the guardianship terminates. The guardian must file a final accounting with the court showing all receipts and disbursements during the guardianship. Once the court approves the accounting, the remaining funds are released directly to the now-adult former minor. Under a Joint Control Decree, this requires a court order directing the bank to release the funds.

What is the difference between guardian of the person and guardian of the property?

Guardian of the person has physical custody of the child — where the child lives, goes to school, and receives medical care. Guardian of the property manages the child’s financial assets and property. Surrogate’s Court primarily handles guardian of the property proceedings. Guardianship of the person is more commonly handled in Family Court, though the Surrogate’s Court can appoint a guardian of the person in certain circumstances.

Can the guardian spend the child’s money on their care?

It depends on the decree. Under a Joint Control Decree, the guardian must petition the court for permission before withdrawing any funds — even for the child’s direct benefit. Under a Bond Decree, the guardian has more discretion but must still keep detailed records and account to the court. In either case, all expenditures must be for the child’s benefit: education, medical care, maintenance, and support.

What if the proposed guardian has a criminal record?

A criminal record does not automatically disqualify someone from serving as guardian, but the court will carefully evaluate the nature and severity of the offense. Convictions involving fraud, theft, child abuse, or other crimes of dishonesty may result in denial. The Surrogate has broad discretion to determine whether the proposed guardian is fit to serve in the best interest of the child. The OCFS background check is specifically designed to flag these issues.

Guardianship Guide