Inheritance Share of Minor Children: Who Manages It and How

Minor Children Remain Full Heirs

When a father or mother passes away, sometimes the family's attention centers on the grown children. Minor children are considered "later on" or "just follow their mother". Yet according to Islamic inheritance law, minor children are full heirs. Their share is calculated from the day of death, not from when they grow up.

The main basis is Qur'an An-Nisa 4:11, which sets the shares of sons and daughters without distinguishing age. More detailed rules in Indonesia are set out in KHI Book II (Articles 171–214). So, if the deceased leaves sons and daughters, both inherit in a 2:1 ratio — including a child who is only ten years old.

What differs is only how it is managed. A minor child cannot manage their own property, so there is a guardian who manages it for the child's benefit.

Who Manages the Child's Share?

In common practice, the surviving parent — usually the mother if the father passed away — acts as guardian over the property of the minor child. If the mother has also passed away, guardianship may be held by a guardian appointed by the family, for example a trusted grandfather, grandmother, or uncle.

Some things to understand about the guardian's role:

• The guardian manages, not owns. The property remains the child's.
• The guardian must use the child's property for the child's benefit: living needs, education, health, and other things beneficial to them.
• If legal clarity is deemed necessary — for example to transfer a certificate title or withdraw funds at a bank — the family may apply for a guardianship order to the Religious Court. A notary or PPAT usually requests this document.
• Once the child is an adult, the guardian hands over the management along with its records to the child. The age of majority follows the applicable provisions; in KHI the age limit of 21 years is known as long as the child has no special needs and is not married. For specific cases, ask the Religious Court.

Important Principle: A Child's Property is the Child's Property

This is the part that most often causes problems within families. Because the mother or father holds the money, sometimes a child's share is considered one pocket with the parent's share. But it is not.

1. Separate the records. Keep separate records for each child's share, even if managed by the same person. This protects the guardian from suspicion and protects the child from losing their rights.
2. Do not pay the parents' debts with the child's property. The deceased's debts are paid from the inheritance before distribution, not by sacrificing one child's share only.
3. Do not use the child's share for the guardian's personal interests. Including buying a vehicle or house in the guardian's own name.
4. Involve the older children. School-age children can already be told that they have a share, without needing to mention confusing large figures.
5. If there is a dispute, resolve it through family deliberation first, then the Religious Court if necessary. Do not delay until the child is an adult, because evidence and witnesses become harder to present.

Simple Calculation Example

Mr. Idris passed away. After funeral costs, debts, and wills (if any) are deducted, his net estate is Rp720,000,000. His heirs: Mrs. Aminah (wife), Rizky (25 years old), and Dila (10 years old).

The wife receives 1/8 because there are children. The remaining 7/8 is divided between the son and daughter in a 2:1 ratio, so Rizky receives twice Dila's share.

Note: That Rp210,000,000 belongs to Dila, not an addition to her mother's. Because Dila is still 10 years old, her mother manages those funds as guardian — preferably in a separate account or with tidy records.

Selling or Pledging a Child's Property

Sometimes inherited property in the form of land must be sold so it can be divided, or for the child's schooling needs. For property owned by a minor child, do not make decisions on your own. In practice, transactions like this often require permission or an order from the Religious Court to be valid and protected.

A child's property is not a family reserve fund. It is the child's right that they will one day account for themselves before Allah.

Before signing anything on behalf of the child, consult first with a notary/PPAT or directly with the Religious Court. Each region may have slightly different administrative practices, so making sure beforehand is far safer than fixing things later.

Practical Next Steps

1. Register all heirs, including minor children and children from another wife if any.
2. Calculate each person's share after funeral costs, debts, and wills are deducted.
3. Appoint a guardian for the minor child, if necessary through a Religious Court order.
4. Open separate records for each child's property, complete with dates and purposes.
5. Keep documents: death certificate, Family Card, inheritance certificate or heir determination, as well as certificates and other proof of ownership.
6. Hand over in an orderly manner when the child is an adult, witnessed by other family members so there is no suspicion.

If your family wants a quicker picture, IndoWaris can help draw the family tree and calculate each heir's share, including the share of minor children, as material for deliberation.

This article is general information, not a fatwa or legal advice. For complex cases, consult the Religious Court, a notary/PPAT, or a ustadz you trust.