What Happens to a Guardianship When the Ward Dies?

Question:  Does a guardianship end when the ward dies?  If so, what are the guardian’s responsibilities upon the ward’s death?

Answer:    Yes, a guardianship is terminated when the ward dies.  A guardian of the person is discharged upon the death of the ward after filing a death certificate.  A guardian of the property is also discharged when the ward dies.  However, the guardian must first file a final report, including an accounting, and petition for discharge for court approval before the discharge is granted.  The guardian seeking discharge needs to know the requirements of filing the report and the petition.  For example, the Florida Probate Rules require notice of the report and petition to be served on certain interested parties.  If you are the guardian for a recently deceased ward or want to petition to be appointed the personal representative for a deceased ward, contact Bach & Jacobs to discuss your matter and receive assistance.