Minors as Heirs: Shares, Guardians, and How to Safeguard Them

Age does not erase a child's inheritance right

When a father or mother dies, the question that often arises in the family is: what about the child who is still young? Does the child still receive a share, or is the share postponed because the child is not yet an adult?

The answer is clear: the child remains an heir. In KHI Book II, an heir is a person who at the time of the testator's death has a blood relationship or marital relationship with the testator, is Muslim, and is not legally barred from being an heir (Article 171). There is no age requirement in that formulation. A newborn baby, an elementary school child, and a university student stand in the same position before inheritance law.

The basis for division is also the same. Qur'an An-Nisa 4:11 stipulates that the share of one son is equal to the share of two daughters; a single daughter receives 1/2, and two or more daughters together receive 2/3. That share attaches to the child, not to the surviving parent.

Therefore, a young child's share is not an "allocation for the parents," but the child's own property from the moment the testator dies.

Who manages the share of a child who is not yet an adult

Because the child is not yet capable of managing property on his or her own, the share is managed by an adult who is responsible. In the practice of Muslim families in Indonesia, the manager is generally:

• The surviving parent, who carries out the role of guardian over his or her children.
• A guardian appointed by the court, if both parents have died or the surviving parent is judged unable to carry out guardianship.
• Pengampu, a term used for a manager assisting with property management in civil law, if needed.

It should be noted that the age of majority is not uniform across all regulations. Therefore, for administrative matters such as the sale of land owned by a child, it is best to first ask a notary/PPAT or the Religious Court about the documents required in your area.

The important thing to understand is this: the guardian acts for the child, not in place of the child in ownership. The guardian's name may be recorded as manager, but the property still belongs to the child.

A child's property is not the family's emergency cash

This is the vulnerable point that often triggers conflict years later. After the division, the child's share is kept in one account or one separate record, and then, for one reason or another, it is used for the needs of other heirs. At first it feels normal; over time it becomes difficult to trace.

A few simple principles help:

1. Separate and name it. Keep the child's share in an account in the child's name, or at least in a clear separate record.
2. Record every expenditure. School fees, health costs, and the child's needs may indeed be taken from the child's property; write down the date, amount, and purpose.
3. Do not mix it with the guardian's property. If the guardian uses the child's funds as business capital, that is a debt, not the guardian's right.
4. Involve the other heirs as witnesses. Transparency is the cheapest conflict prevention.

This principle is in line with the spirit of KHI Book II, which places inheritance division as something fair and accountable, not merely a verbal agreement that keeps changing.

Calculation example: father dies, leaving a wife, mother, and two children

Pak Hasan dies. After funeral expenses, debts, and wills are settled, his net estate is Rp720,000,000. His heirs are: his wife (mother of both children), Pak Hasan's mother, a 10-year-old son, and a 6-year-old daughter. Pak Hasan's father died earlier, so there is no share for the father.

How to read it: the wife and mother take their fixed shares first (1/8 and 1/6), namely Rp210,000,000. The remainder of Rp510,000,000 is divided 2:1 between the son and the daughter, resulting in Rp340,000,000 and Rp170,000,000.

The Rp170,000,000 share belonging to the 6-year-old daughter is not her mother's property. Her mother manages it, records it, and safeguards it until the child reaches adulthood. If her mother later remarries, the child's property remains intact — her mother's new husband is not an heir to that property.

Practical steps and when to go to court

A checklist the family can carry out:

• Collect the basic documents: Family Card, death certificate, children's birth certificates, and Certificate of Heirs.
• Determine each child's share in writing, agreed upon by all adult heirs.
• Open a separate account or record for each child.
• Keep proof of expenditures for the child's needs in one place.
• Review the records every year, or whenever an asset is sold.

Some situations are better not handled on your own. For example, when the surviving parent wants to sell land recorded in the child's name, when an adult heir uses the child's property without records, or when the guardian and the extended family do not agree. For matters like these, a determination from the Religious Court or assistance from a notary/PPAT will be much safer. Practices and requirements may differ between regions, so ask for direct information.

If you want an initial overview, IndoWaris can map the family tree and calculate each heir's share, including the shares of children who are still young, so that the figures brought to the family deliberation are more certain.

Closing: safeguard the child's rights, safeguard family relations

Inheritance for a young child is not merely a matter of amount, but a long-term trust. A child whose share is recorded neatly, kept separate, and accounted for will receive his or her rights upon reaching adulthood without having to sue his or her own family. Conversely, a child's property that is mixed without records often becomes a wound more costly than the value of the property itself.

This article is general information, not a fatwa and not legal advice for a particular case. For complicated cases — for example, where there are minors, assets that must be sold, or disputes among heirs — consult the Religious Court, a notary/PPAT, or a ustadz you trust.