No. The Uniform Transfers to Minors Act (UTMA) does not provide for the automatic designation of a surviving parent as the account custodian. If the minor is age fourteen or older, the minor can designate the surviving parent as the successor custodian, but if the minor is under age fourteen, a court must designate the successor custodian. In either event, we recommend obtaining a copy of a court order or instrument of designation, as appropriate, before permitting the surviving parent to access the account.

Under Fourteen If the UTMA custodian dies while the minor is under age fourteen and there is no designated successor custodian, the surviving parent must petition the court for a designation as the successor custodian. Other interested parties also have the right to petition the court.

Fourteen or Older. If the UTMA custodian dies while the minor is over age fourteen when there is no designated successor custodian, the minor may designate a parent as custodian by delivering an “instrument of designation.” The minor also may choose to designate “an adult member of the minor’s family, a guardian of the minor, or a trust company.”

For resources related to our guidance, please see:

• UTMA, 760 ILCS 20/19(d) (“If a custodian is ineligible, dies, or becomes a person with a disability and no successor has been effectively designated and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (b), an adult member of the minor’s family, a guardian of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the guardian of the minor becomes successor custodian. If the minor has no guardian or the guardian declines to act, the transferor, the representative of the transferor or of the custodian, an adult member of the minor’s family, or any other interested person may petition the court to designate a successor custodian.”)

• UTMA, 760 ILCS 20/19(b) (“At any time or times a transferor or his representative may designate an adult or a trust company as successor custodian, single or successive, by executing and dating an instrument of designation and delivering it to the custodian or if he is deceased or is a person with a disability to his representative. A custodian at any time when a vacancy would otherwise occur may designate a trust company or an adult as successor custodian by executing and dating an instrument of designation. If an instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes a person with a disability, or is removed. If a transferor or a custodian has executed more than one instrument of designation, the instrument dated on the earlier date shall be treated as revoked by the instrument dated on the later date; however, a designation by a transferor or his representative shall not be revoked by a custodian. A successor custodian has all the powers, duties and immunities of a custodian designated in a manner prescribed by this Act.”)