Will I need to attend the court hearing for a minor settlement, and what should I expect?

Short answer: In Washington, most settlements that resolve a claim on behalf of a minor require court approval. Attendance requirements vary: the court usually wants the petitioner (parent, guardian, or attorney), the minor’s attorney or guardian ad litem (if one was appointed), and sometimes the minor personally (particularly if the child is older or the judge wants to hear from them). Expect the hearing to focus on whether the settlement is fair, the proposed distribution of funds is appropriate, and attorney fees are reasonable.

Detailed answer — how Washington courts handle minor settlements

Because minors cannot legally bind themselves in many civil matters, Washington courts commonly require judicial review before a claim settlement becomes final for a minor. The court’s job is to protect the child’s interests by confirming the settlement is fair and in the child’s best interest.

Typical steps before a hearing:

• Filing a petition or motion asking the court to approve the settlement and the proposed method of distributing the funds.
• Providing notice to all interested persons (parents, custodial guardian, the minor if appropriate, and others who have a legal interest).
• Submitting documents to the court such as the proposed settlement agreement, a breakdown of settlement proceeds (medical expenses, liens, attorney fees), and a proposed order.
• If the court decides a guardian ad litem (GAL) or an independent attorney for the minor is needed, the court may appoint one before the hearing or require a report from that person at the hearing.

Relevant Washington resources: Washington’s laws on probate and guardianship are in Title 11 of the Revised Code of Washington (RCW). For background on probate and guardianship statutes, see the Washington State Legislature’s Title 11 page: https://app.leg.wa.gov/rcw/title11/. For general court information, see Washington Courts: https://www.courts.wa.gov/.

Who the court typically expects to attend

• Petitioner (usually the parent or guardian who filed the petition to approve the settlement) or their attorney.
• The minor’s attorney or guardian ad litem if the court has appointed one.
• The attorney(s) who negotiated the settlement and will be requesting attorney fees.
• Sometimes the minor. Judges may ask older or mature minors to appear or be available to speak in chambers.

What happens at the hearing

• Judge reviews the settlement terms and asks questions to confirm that the settlement amount is reasonable relative to the claim and evidence.
• Judge verifies how funds will be used or protected (payment of liens and expenses, attorney fees, and the remainder: e.g., blocked account, court-ordered trust, or structured settlement annuity).
• Judge reviews evidence supporting the settlement (medical records, bills, valuation reports), and may ask for a short factual background from counsel.
• If a GAL or independent attorney represents the child, that person usually gives a recommendation to the court whether to approve the settlement.
• The court decides whether to approve the settlement, modify the distribution, or deny approval and send the matter back for further negotiation or evidence.

How long will the hearing take?

Most minor-settlement approval hearings are short (often 10–30 minutes) if the paperwork is complete and no one objects. If the judge needs more information or parties dispute the terms, the hearing can take longer or be continued to a later date.

Possible outcomes

• Approval as requested — court signs the order and the settlement becomes binding.
• Approval with conditions — court requires funds be placed in a blocked account, used to purchase an annuity (structured settlement), or appoints a conservator/guardian of the estate to manage large proceeds.
• Denial or continuation — if the judge believes the settlement is not fair or documentation is incomplete, the court can deny approval or continue the hearing and request more information.

Preparing for the hearing — practical checklist

Bring these things to court and provide them ahead of time if required by local rule:

• Copies of the petition/motion to approve the settlement and the proposed order.
• The settlement agreement and a detailed disbursement proposal (showing medical bills, liens, costs, attorney fees, and the net to the minor).
• Any guardian ad litem or independent attorney report and any supporting medical or valuation records.
• Identification for the parent/guardian and, if the minor will attend, appropriate ID or proof of age.
• A list of witnesses or attendees and their contact information (including attorneys who negotiated the deal).

Tips on protecting the minor’s money

• Consider asking the court to order proceeds placed in a blocked/court-supervised account if the amount is substantial.
• Consider structured settlements (annuities) for long-term security; these often require court approval and separate consideration.
• If a conservator or guardian of the estate will manage the funds, understand the reporting requirements and court supervision involved.

When you likely do not need to attend

If the court’s rules or local practice permit approval on submitted papers (a review of filed documents without a hearing), you may not need to appear. Many courts still schedule at least a short hearing or phone appearance. Check local court rules and the judge’s calendar.

Helpful Hints

• Contact the clerk of the specific superior court handling your case to confirm hearing date, time, and whether personal appearance is required.
• Ask whether the court requires a guardian ad litem or independent counsel for the minor; if so, expect a report from that person at the hearing.
• Have a clear, written breakdown of how settlement funds will be used before the hearing. Judges routinely deny or delay approval when distributions are vague.
• Bring originals and copies of all settlement documents and supporting records; local rules sometimes require multiple copies for the court and parties.
• If the settlement contemplates attorney fees, be prepared to explain why the fee percentage or amount is reasonable compared to work done and results obtained.
• If you cannot attend, notify the court and opposing counsel in advance; some courts accept remote appearances but require prior permission.
• Consult a Washington attorney experienced with minor settlements or guardianship matters early — they can help prepare the petition, recommend protections for the minor, and represent the child’s interests at the hearing.

Disclaimer: This article is for general informational purposes only and is not legal advice. Laws and court procedures change. For advice about your specific situation in Washington, consult a licensed Washington attorney or the court handling your case.