If we both die, do our children automatically go to the person named in our will?

No. A court appoints a guardian, applying a best-interest standard. California directs the court to give a parent's nomination due weight, and the same court's own form says it may grant another person's petition instead.

Can we name my parents in India as guardians?

You can nominate anybody. Whether a court appoints somebody living abroad, and how quickly, involves facts this guide cannot see - it is a question worth putting to a lawyer directly rather than assuming either answer.

Should we name a backup?

It costs nothing to name a second person and it covers the ordinary cases - somebody who has moved, is unwell, or is not in the country when it matters.

Does a guardian control our children's money too?

Not necessarily. Guardianship of the person and responsibility for a child's property are separate roles under California law and can be held by different people.

OfficialCalifornia Probate Code section 1502 · Last verified 5 Sept 2026

Naming a guardian is a nomination, not an appointment

A court decides who raises your children, and it is not bound by the name in your will. What you write still matters enormously - it is the only direction a judge will ever have from you.

What naming somebody actually does

A nomination may be made in the petition, at the hearing, or in a writing signed before or after the petition is filed, and the California statute directs the court to give it due weight. That is real and it is worth doing. What it is not is an appointment - the court makes that, afterwards.

Source: California Probate Code section 1502

The court can choose somebody else

Deciding what is in the child's best interest, the court may grant the petition, may grant another person's petition, or may find that the child does not need a guardianship at all. Consumer pages saying your children will go to the people you name are making a promise on a court's behalf that the court has not made.

Source: Judicial Council of California, form GC-205-INFO

It is not only about dying

California's own form lists why a parent may be unable to care for a child: the parent's death, incapacity, military obligations, detention, or other reasons. A written nomination may also provide that it takes effect only when a specified event has occurred, including the parent's later legal incapacity, detention, or death. For a household living here on a visa that is a more useful document than it first appears.

Source: Judicial Council of California, form GC-205-INFO

Two decisions, not one

Who raises a child and who manages money for that child are separate roles and can be separate people. A California guardianship of the person automatically ends when the child reaches age 18; what happens to money held for a child, and at what age it reaches them, is a different question with different answers. Parents tend to merge the two and then find they have decided only one of them.

Source: Judicial Council of California, form GC-205-INFO

Official

Frequently asked questions

If we both die, do our children automatically go to the person named in our will?: No. A court appoints a guardian, applying a best-interest standard. California directs the court to give a parent's nomination due weight, and the same court's own form says it may grant another person's petition instead.
Can we name my parents in India as guardians?: You can nominate anybody. Whether a court appoints somebody living abroad, and how quickly, involves facts this guide cannot see - it is a question worth putting to a lawyer directly rather than assuming either answer.
Should we name a backup?: It costs nothing to name a second person and it covers the ordinary cases - somebody who has moved, is unwell, or is not in the country when it matters.
Does a guardian control our children's money too?: Not necessarily. Guardianship of the person and responsibility for a child's property are separate roles under California law and can be held by different people.