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Age of Majority and Trust Termination
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The following table shows the age at which the minor takes control of
the custodial account. It depends on the minor's state of residence
and whether the custodial account was created as an UGMA or an UTMA
account. Each state may have additional provisions affecting the age
of termination. Also, some states permit the donor or transferor to specify
a different age of termination at the time the gift or transfer is
made.
Note that the age of termination is not necessarily the same as
the age of majority in the state. The age of majority is the age at
which an individual can sign contracts (i.e., no more "defense of
infancy"). The age of termination is not the same as the age of
majority. In most cases the age of termination comes later.
(The age of majority for signing contracts is 18 in most states,
except Alabama and Nebraska, where it is 19, and Indiana, Mississippi,
New York and Puerto Rico, where it is 21. For child support purposes,
the age of majority is 18 in most states, 19 in
Alabama, Colorado, Maryland and Nebraska, and 21 in D.C., Indiana,
Mississippi, and New York, with exceptions for a later age of majority
if the child is still in secondary school.) The age of termination for
UGMA and UTMA accounts is listed in the following table.
Note that some states permit the transfer to occur at a later date if
this is specified in the titling of the account. For example,
California allows the transfer to be delayed until as late as age 25
if the trust is titled "as custodian for (Name of Minor) until age
(Age for Delivery of Property to Minor)". If the trust is not titled
in this manner, the age of trust termination remains age 18.
State |
UGMA |
UTMA |
UTMA supersedes UGMA (*) |
Alabama |
19 |
21 |
October 1, 1986 |
Alaska |
18 |
21 |
January 1, 1991 |
Arizona |
18 |
21 |
September 30, 1988 |
Arkansas |
21 |
21 |
March 21, 1985 |
California |
18 |
18 |
January 1, 1985 |
Colorado |
21 |
21 |
July 1, 1984 |
Connecticut |
21 |
21 |
October 1, 1995 |
Delaware |
18 |
21 |
June 26, 1996 |
District of Columbia |
18 |
18 |
March 12, 1986 |
Florida |
18 |
21 |
October 1, 1985 |
Georgia |
21 |
21 |
July
1, 1990 |
Guam |
21 |
N/A |
N/A |
Hawaii |
18 |
21 |
July 1, 1985 |
Idaho |
18 |
21 |
July 1, 1984 |
Illinois |
21 |
21 |
July 1, 1986 |
Indiana |
18 |
21 |
July 1, 1989 |
Iowa |
21 |
21 |
July 1, 1986 |
Kansas |
18 |
21 |
July 1, 1985 |
Kentucky |
21 |
18 |
July 15, 1986 |
Louisiana |
18 |
18 |
January 1, 1988 |
Maine |
21 |
18 |
August 4, 1988 |
Maryland |
18 |
21 |
July 1, 1989 |
Massachusetts |
18 |
21 |
January 30, 1987 |
Michigan |
18 |
18 |
December 29, 1999 |
Minnesota |
18 |
21 |
January 1, 1986 |
Mississippi |
21 |
21 |
January 1, 1995 |
Missouri |
21 |
21 |
September 28, 1985 |
Montana |
18 |
21 |
October 1, 1985 |
Nebraska |
19 |
21 |
July 15, 1992 |
Nevada |
18 |
18 |
July 1, 1985 |
New Hampshire |
21 |
21 |
July 30, 1985 |
New Jersey |
21 |
21 |
July 1, 1987 |
New Mexico |
21 |
21 |
July 1, 1989 |
New York |
18 |
21 |
July 10, 1996 |
North Carolina |
18 |
21 |
October 1, 1987 |
North Dakota |
18 |
21 |
July 1, 1985 |
Ohio |
18 |
21 |
May 7, 1986 |
Oklahoma |
21 |
18 |
November 1, 1986 |
Oregon |
21 |
21 |
January 1, 1986 |
Pennsylvania |
21 |
21 |
December 16, 1992 |
Rhode Island |
21 |
21 |
July 23, 1998 |
South Carolina |
18 |
N/A |
N/A |
South Dakota |
18 |
18 |
July 1, 1986 |
Tennessee |
18 |
21 |
October 1, 1992 |
Texas |
18 |
21 |
September 1, 1995 |
Utah |
21 |
21 |
July 1, 1990 |
Vermont |
21 |
N/A |
N/A |
Virgin Islands |
21 |
N/A |
N/A |
Virginia |
18 |
18 |
July 1, 1988 |
Washington |
21 |
21 |
July 1, 1991 |
West Virginia |
18 |
21 |
July 1, 1986 |
Wisconsin |
18 |
21 |
April 8, 1988 |
Wyoming |
18 |
21 |
May 22, 1987 |
(*) All states repealed their UGMA statutes upon enacting their
UTMA statutes. Any UGMA accounts in existence before the date of the
repeal are grandfathered using the original UGMA age of
termination. The relevant dates when UTMA took effect for the various
states are listed in this column.
Emancipation
The Higher Education Opportunity Act of 2008 amended section
480(d)(1)(C) of the Higher Education Act of 1965 to treat as
independent any student who becomes an emancipated minor before
reaching the age of majority. The specific legislative language is:
is, or was immediately prior to attaining the age
of majority, an emancipated minor or in legal guardianship
as determined by a court of competent jurisdiction in the
individual's State of legal residence
The term "emancipation" is often used when a child reaches the age of
majority or child support obligations end, but this is not the same as
an "emancipated minor". An emancipated minor becomes an adult able to
sign contracts before reaching the age of majority through a court
order. A court order terminating child support upon the child's
reaching the age of majority does not qualify, not even if it uses the
word emancipation.
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