What it means
When a minor or ward has a legal claim — a personal-injury case, a wrongful-death share, a property dispute — §744.387 says who can settle it and when a judge must sign off. Before any lawsuit is filed, a guardian may ask the court to approve a proposed settlement as being in the best interest of the ward; approval relieves the guardian of further responsibility for the decision.
A natural guardian may settle a minor's claim without bond only up to $15,000. When the net amount to the ward exceeds $15,000, a guardianship of the property is required. And once a lawsuit has begun, no settlement is effective without court approval.
- Natural guardians may settle a minor's claim up to $15,000 without bond or court appointment.
- A net settlement over $15,000 requires a court-appointed guardian of the property.
- After suit is filed, every settlement of a ward's or minor's claim needs court approval to be valid.
- A court-authorized settlement instrument operates as a complete release of the person making the settlement.
- The judge's test is the best interest of the ward.
How it plays out
This section decides how a child's personal-injury or wrongful-death money actually gets paid. We see it most in estates dividing a wrongful-death settlement: the payer will not fund until the minor's share is handled the way §744.387 requires — court approval, and a guardianship of the property when the net share tops $15,000. A structured payout or a settlement trust approved as part of the order is the usual way families soften what comes after: bond, annual accountings, and an outright handover at 18.
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