Is an electronic nomination valid?

Yes. Electronic signatures are legally valid under the ESIGN Act and UETA when the signer intends to sign, consents to electronic transactions, the signature is attributable, and the record can be retained and reproduced.

Do I need a notary or witnesses?

Notary or witness requirements vary by state and by institution; some banks accept a notarized copy, others require additional documentation. Check the receiving institution and local law.

How do I update or revoke a nomination?

Prepare a signed, dated amendment or revocation that references the original document and deliver it to the same institutions and parties that received the original nomination.

What if the custodian is unavailable?

If the primary custodian cannot serve, institutions will look to a named successor. If no successor exists, courts may appoint a custodian under state probate or guardianship procedures, which can delay access.

Will institutions accept a scanned signed copy?

Many will accept a scanned or electronically signed copy if accompanied by an audit trail; some require an original or notarized copy—verify each institution's requirements.

Can I use signNow to execute this document?

Digital signing platforms that provide signer attribution, an audit trail, secure storage, and optional notarization workflows can execute nominations in compliance with ESIGN and UETA; confirm institutional acceptance and any state-specific notarization requirements.

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Nomination of Custodian

Nomination of Custodian

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

NOMINATION OF CUSTODIAN

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words 'as custodian for (name of minor) under the New York Uniform Transfers to Minors Act.' The nomination may name one (1) or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.

List substitute custodians (if any, in order named):

(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under § 7-6.9.

(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 7-6.9.

NY-02308

What the Nomination of Custodian Is and when it applies

A Nomination of Custodian is a written instrument used to identify the individual or entity that will act as custodian for minor-owned property, custodial accounts, or custodial roles under a trust or estate plan. It names the person authorized to receive, manage, and deliver custodial assets on behalf of the minor or protected person, and it often clarifies succession if the primary custodian cannot serve. This document can coexist with beneficiary designations, guardianship documents, or UTMA/UGMA account paperwork and should be aligned with the rest of an estate plan to avoid conflicts at administration or probate.

Why a clear Nomination of Custodian matters

A precise nomination reduces uncertainty about who will control custodial property, speeds administration after incapacity or death, and lowers the risk of sibling or creditor disputes. It creates a documented designation that trustees, financial institutions, and courts can rely on when determining short-term custody and long-term succession.

Typical parties who prepare or sign this document

Confirm roles and powers with any related estate planning documents so the nomination aligns with wills, trusts, and account beneficiary designations.

Parents and guardians naming a successor custodian for UTMA/UGMA accounts or fiduciary custody.
Trustees or estate executors specifying a custodian role for assets held for minors or disabled beneficiaries.
Financial institutions requiring a written nomination before releasing custodial funds to a named custodian.

Core elements to include in a professional nomination

A complete nomination uses clear names, contact details, effective dates, successor provisions, scope of authority, and alignment with account or trust documents so recipients can act without delay.

Custodian Name

Full legal name of the custodian exactly as shown on government ID to avoid identity mismatches when institutions verify authority.

Custodian Contact

Street address, email, and phone for service or verification; include alternate contact to help financial institutions reach a successor promptly.

Scope of Authority

Describe what the custodian may do (receive funds, invest, disburse for care and education) and any explicit restrictions or spending limits.

Successor Nomination

Name one or more successor custodians, with clear activation criteria if the primary custodian is unable or unwilling to serve.

Effective Date

Specify when the nomination becomes operative (for example, upon the account holder's incapacity, minor's age, or testator's death).

Essential fields and required details

Document Title: Nomination of Custodian

Nominee Full Name: As on ID

Nominee Contact: Full address and phone

Successor Names: At least one successor

Effective Trigger: Specify event/date

Signatures: All required signers

Step-by-step: completing the Nomination of Custodian

Follow these sequential steps to prepare a nomination that institutions and courts can accept without further drafting or clarification.

01

Confirm intent: Decide when and why the nomination will take effect.
02

Identify nominees: Enter full legal names and contact details for primary and successor custodians.
03

Define authority: State specific powers and any spending or investment limits.
04

Sign and notarize: Execute the document in the presence of required witnesses or notary if state law or institution requires it.

Where to send the completed nomination

After execution, distribute copies to the parties and institutions that will rely on the nomination; record-keeping helps avoid delays when custody decisions arise.

Primary custodian: Give the original or certified copy to the named custodian for their records.
Financial institutions: Send a signed copy to banks, brokerage firms, or custodial account administrators.
Trustee or executor: Provide a copy to the trustee or estate executor to coordinate administration.
Attorney: Keep a file copy with the drafting attorney to support future disputes.

How to prepare and customize the form online

Set up the document template and conditional fields so the nomination adapts for multiple custodial accounts or alternate successors.

Field	Configuration
Nominee Name	Single-line text; required
Successor Section	Conditional repeatable block
Authority Scope	Multi-line textarea; optional checkboxes
Signature Block	Signer field with date

Digital signing and delivery considerations

Preserve the executed file and evidence of signing, and deliver copies to institutions that may require a notarized or original paper document.

Authentication: Email or SMS verification
Audit Trail: IP, timestamp, and action log
File formats: PDF and DOCX supported

Timing and key deadlines to watch for

Certain nominal deadlines or triggering events determine when a nomination becomes operative; track these dates carefully.

Effective Date Selection:

Choose MM/DD/YYYY to avoid ambiguity about when authority begins.

Account Opening:

Provide nomination to institutions before funding to ensure acceptance.

Trust/Will Coordination:

Align nomination language with estate documents before probate.

Notary Window:

Some states require contemporaneous notarization at signing.

Periodic Review:

Review the nomination after major life events or every 3–5 years.

Common errors to avoid when preparing a nomination

Using nicknames or initials instead of the custodian's full legal name, which can block institutional acceptance or trigger TIN mismatches.
Failing to name a successor custodian, leaving institutions to request court appointment and delaying access to funds for the beneficiary.
Omitting account numbers, trust names, or clear references to the related asset, causing ambiguity about which funds the nomination governs.
Assuming a signed copy alone is sufficient when the receiving institution requires a notarized or original document for verification.

Potential consequences of an invalid or incorrect nomination

Probate Delay: Court may need to appoint a custodian

Account Freeze: Institutions may block disbursements

Beneficiary Dispute: Heirs can contest the nomination

Tax Complications: Incorrect TINs trigger withholding

Civil Liability: Custodian risks breach claims

Lost Access: No successor named causes access gaps

eSignature vendor comparison for executing nominations

Compare basic pricing and core features when choosing an eSignature vendor for preparing and executing custodial nominations; signNow is listed first for reference.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies	Varies	Varies

Practical tips for a smooth nomination process

Adopt these practices to reduce rejection risk and ensure institutions can rely on the nomination immediately.

Use full legal names

Avoid nicknames and confirm spelling to match IDs and account records; mismatches are a leading cause of verification delays.

Coordinate documents

Ensure the nomination references account numbers, trust names, or will provisions to avoid contradictory instructions during administration.

Consider notarization

When in doubt, notarize the signature to facilitate institutional acceptance and reduce challenges to authenticity.

Keep records

Store the executed original and secure digital copies with an audit trail showing signature attribution and timestamps.

Frequently asked questions about the Nomination of Custodian

Answers to common questions about validity, signing, updating, and institution acceptance for nominations of custodian.

Need help? Contact support

Is an electronic nomination valid?
Yes. Electronic signatures are legally valid under the ESIGN Act and UETA when the signer intends to sign, consents to electronic transactions, the signature is attributable, and the record can be retained and reproduced.
Do I need a notary or witnesses?
Notary or witness requirements vary by state and by institution; some banks accept a notarized copy, others require additional documentation. Check the receiving institution and local law.
How do I update or revoke a nomination?
Prepare a signed, dated amendment or revocation that references the original document and deliver it to the same institutions and parties that received the original nomination.
What if the custodian is unavailable?
If the primary custodian cannot serve, institutions will look to a named successor. If no successor exists, courts may appoint a custodian under state probate or guardianship procedures, which can delay access.
Will institutions accept a scanned signed copy?
Many will accept a scanned or electronically signed copy if accompanied by an audit trail; some require an original or notarized copy—verify each institution's requirements.
Can I use signNow to execute this document?
Digital signing platforms that provide signer attribution, an audit trail, secure storage, and optional notarization workflows can execute nominations in compliance with ESIGN and UETA; confirm institutional acceptance and any state-specific notarization requirements.

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