What Happens to Guardianship When the Father Dies in Jordan?

On the father's death, guardianship over the minor under Jordanian law passes according to the order set in Article 223 of the Personal Status Law. After the father comes the trustee he appointed in his lifetime, then the true grandfather, then the grandfather's trustee, then the court or the trustee the court appoints.

If the father appointed a chosen trustee under Article 230, that trustee takes charge of the minor's affairs and funds. If there is no trustee and a true grandfather exists, he becomes guardian; if none exists, the court appoints a qualified trustee, and it may choose the mother if she meets the trustee's conditions in Article 231. Article 244 addresses the death or interdiction of the trustee by notifying the Sharia public prosecution to take what is necessary.

Guardianship therefore does not pass automatically to any relative after the father's death, but according to the statutory order and under the court's supervision.

Assessing to whom guardianship devolves and appointing the trustee remains within the Sharia Court's competence on the facts of each case.

This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.