Lins Law Group, P.A.

Get Out Ahead Of Your Issue
— Call Us Today


Planning. Preparation. And Acting With Purposeful Intent.

Is Court Approval Required to Settle a Minor’s Claim in Florida?

On Behalf of | Jun 27, 2016 | Injuries, Probate |

In Florida, the TV advertising lawyers talk a lot about settling cases. What you do not hear much about is whether, or when, settlement of a case must be approved by a court. Attorneys handling probate matters often are asked to assist in getting court approval when it is required.

In Florida, the most basic rule involving court approval of a settlement pertains to minors. Simply stated, a court need not approve a settlement where the amount does not exceed $15,000.00. However, where the settlement amount exceeds $15,000.00, then court approval is required.

To get this approval, if there is an injury lawsuit filed, the approval can be obtained by filing a Motion to Approve Minor Settlement with the assigned Circuit Court judge. If there is no pending action, then the approval may be obtained by filing such a Motion with the applicable probate court.

When the net amount to be received by the minor exceeds $15,000.00, then a guardian of the property must be set up for the minor. If there is no such guardianship in place, the court approving the settlement may require that it be established.


FindLaw Network