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

Short answer: In Arizona, most minor (under-18) settlements that require court approval will involve a hearing. A parent or legal guardian usually attends. The judge will review the settlement to protect the child’s interests. You may also see a guardian ad litem, orders restricting the use of funds, or requirements to place money in a blocked or structured account.

Disclaimer

This article is educational only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Arizona attorney.

Detailed answer: How minor settlements work in Arizona

When someone under 18 receives money from a legal claim—like a personal injury, wrongful death distribution, or insurance claim—Arizona courts commonly require judicial approval before the child can receive the funds free of court oversight. The court’s job is to protect the minor’s legal and financial interests.

Arizona statutes and court rules governing guardianships, protective proceedings, and probate matters provide the framework courts use to evaluate settlements for minors. See Arizona Revised Statutes, Title 14 (Trusts, Estates and Protective Proceedings) for the probate and guardianship framework: https://www.azleg.gov/arsDetail/?title=14. For help and general court forms, see the Arizona Judicial Branch Self-Service Center: https://www.azcourts.gov/selfservice.

Will you personally need to attend?

If you are the minor’s parent or legal guardian and you petition the court to approve a settlement, the court will generally schedule a hearing. The petitioner (often a parent or attorney) should attend.
If a guardian ad litem (GAL) is appointed to represent the minor, the GAL and the petitioner usually attend. The minor sometimes attends depending on age and local practice.
Some courts allow the hearing to be short or to proceed on written submissions only, but that depends on the county court’s procedures and the judge’s preference. Always assume you should be prepared to appear unless you receive written notice that an appearance is unnecessary.

What the court will look for at the hearing

The judge’s primary concern is whether the settlement is fair, reasonable, and in the child’s best interest. Key items the judge will review include:

Settlement amount and how it was calculated (damages, future care, loss of future earnings, etc.).
Fees and costs being charged (attorney fees, liens, medical bills, and other subtractions).
Whether anyone with a conflict or interest is receiving an improper portion of the money.
The proposed plan for how the funds will be handled—examples: placement in a blocked account, court-ordered trust, structured settlement (annuity), or supervised release.
Whether a guardian ad litem or attorney represents the minor and has reviewed the settlement.

Typical questions you may be asked at the hearing

Who is filing the petition and why?
What injuries/claims are being settled?
How was the settlement amount negotiated?
What fees or bills must be paid from the settlement?
How will the child benefit from the settlement—and how will funds be protected for the child’s future?

Possible outcomes and court orders

The judge may:

Approve the settlement as proposed.
Approve the settlement but require funds to be placed in a blocked account, court-supervised trust, or annuity (structured settlement) to protect the child’s funds.
Require liens or bills to be paid first (medical provider liens, Medicaid/ALTCS claims, court-ordered deductions).
Request additional documentation or a revised plan for distribution and continue the hearing.
Reject the proposed settlement if it appears unfair to the minor.

Helpful hints before the hearing

Bring complete paperwork: the petition, proposed settlement agreement, itemized attorney fees, medical bills, lien information, and any proposed trust or account paperwork.
Confirm hearing logistics: date, time, courtroom, and whether the judge prefers in-person or remote appearance. Local county court clerks or the attorney handling the case can confirm this.
Consider a guardian ad litem: courts often require or recommend a GAL for contested cases or when the minor is older or has potential conflicts. A GAL independently evaluates the settlement and reports to the court.
Be prepared to explain why the settlement serves the child’s best interest, including how the money will be protected for future needs.
Expect time for lien resolution: resolve or present a plan for medical and government liens before asking the court for final disbursement.
Ask about restricted or blocked accounts and structured settlements. Judges commonly order protections for large sums or long-term needs.
Keep records: once approved, keep a certified copy of the court order, the settlement agreement, and bank/trust documents showing where the funds are held.

When to get an Arizona attorney

If the settlement is large, complex, involves multiple claimants, large medical or government liens, or the parties disagree, consult an Arizona attorney who handles minor settlements or probate matters. An attorney can prepare the petition, negotiate lien reductions, explain tax and benefits consequences, and present the case at the hearing.

Where to learn more and find forms

Arizona Revised Statutes, Title 14 (probate, guardianship and related subjects): https://www.azleg.gov/arsDetail/?title=14
Arizona Judicial Branch Self-Service Center (general court forms and information): https://www.azcourts.gov/selfservice

Final practical checklist for the day of the hearing

Bring ID and multiple copies of all documents.
Arrive early and check in with the clerk.
Have a clear explanation of how settlement funds will be protected for the minor.
If you cannot attend, get written guidance from the court or ask whether your attorney may appear in your place.

If you want help locating an Arizona attorney experienced with minor settlements or probate approval, consider contacting your county bar referral service or the Arizona State Bar for a referral.