Detailed Answer — How California handles minor settlements

When someone under 18 receives a settlement for personal injury, wrongful death (for a dependent), or other claims, California courts often require judicial approval before the payment is final. The court process exists to make sure the settlement is reasonable, that the amount is in the minor’s best interest, and that the money will be used or protected appropriately.

There are different procedures depending on the case and how parties structure the settlement. Common pathways include:

• Filing a petition asking the probate or superior court to approve a compromise of the minor’s claim. The petition asks the judge to approve the settlement and to determine how the funds will be distributed or protected.
• Asking the court to appoint a guardian ad litem (a neutral advocate) if the court believes the minor needs independent representation to protect their interests.
• Requesting that the settlement funds be placed into a blocked (court-controlled) account, a restricted guardianship estate, or be used to purchase a structured settlement annuity or other protective vehicle.

The exact paperwork and court step names can vary by county and by the facts of the case. The California Courts website and local county court clerks provide information and required forms for petitions seeking approval of a minor’s settlement. For general forms and self-help resources, see the California Courts site: https://www.courts.ca.gov. For statutory text and codes, search the California legislative code at: https://leginfo.legislature.ca.gov/faces/codes.xhtml.

Will you personally need to attend the hearing?

Attendance depends on who files the petition and local practice:

• If a parent or guardian filed the petition, the court often expects the parent/guardian to attend so the judge can ask questions and confirm the parent’s understanding and consent.
• If the minor has independent counsel or the court appointed a guardian ad litem, the attorney or guardian ad litem will usually appear for the minor. In many counties that appearance can cover the minor’s interests without the minor being present.
• Minors are not typically required to attend. However, for older minors (commonly 12 or older) the judge may want to speak directly to the child to ensure they understand the settlement or to protect their rights. Courts have discretion here.
• If the settlement includes complex issues (large sums, structured settlement, disputes over payments, or competing claims to the funds), the court may require in-person attendance by the parties and their lawyers.

What to expect at the hearing

1. Short hearing length: Many minor-compromise hearings are brief (often 10–30 minutes) if the paperwork is in order and no one objects.
2. Judge’s review: The judge will review the petition, the settlement agreement, medical records or evidence of damages, attorney fee requests, and the proposed plan for handling funds (e.g., blocked account, structured settlement, guardianship estate).
3. Questions in court: The judge may ask the parent/guardian, the minor’s attorney (or guardian ad litem), or the settling parties questions about the case, the settlement terms, and possible conflicts of interest (for example, if the parent receives money too).
4. Attorney fees and costs: The judge will review any requested attorney fees to ensure they are fair and reasonable before approving the net amount payable to the minor.
5. How funds will be handled: The judge will decide whether to approve a guardianship to manage funds, order the money placed in a blocked account, allow purchase of a structured settlement annuity, or otherwise protect the money until the minor reaches adulthood.
6. Judge’s order: If approved, the court issues an order authorizing the settlement and instructing how funds are to be disbursed or protected.

Typical documents you should have ready

• Signed settlement agreement and release.
• Petition or application for court approval (filed by the attorney, guardian or petitioner).
• Copies of medical records, bills, and other evidence supporting the claim amount.
• Proposed order for approval and proposed plan for funds (e.g., blocked account, purchase of annuity, guardianship accounting plan).
• Identification for the parent/guardian and the minor’s birth certificate or other proof of age.
• Detailed statement of attorney fees and costs for the judge to review.

How long it takes and possible outcomes

Processing time varies by county and court calendar. Preparing a petition and scheduling the hearing can take weeks; some counties set hearings several months out. At the hearing the court may:

• Approve the settlement as presented.
• Approve the settlement but modify how funds must be handled (for example, order a blocked account or a guardianship estate rather than full distribution to a parent).
• Request more information or delay approval until additional documentation or testimony is provided.
• Refuse to approve the settlement if it appears unfair or if conflicts of interest exist; the parties may then renegotiate or return to court.

Helpful Hints

• Bring originals and copies. Arrive with the executed settlement documents, ID, and any court filings. Judges often expect copies for the file.
• Notify your attorney and confirm who will appear. If you have counsel, ask whether you must come. If the court appointed a guardian ad litem, that person will typically appear for the minor.
• Expect questions about fairness and conflicts. Be ready to explain why the settlement is in the minor’s best interest and how funds will be protected.
• Consider alternatives that protect long-term needs. Structured settlements, blocked accounts, or court-appointed guardianship of the estate can protect large awards from misuse.
• Watch attorney fee requests. Ask your attorney to explain fees and reductions so you know the net amount the minor will receive.
• Check local rules. County courts may have local rules or forms for minor-compromise petitions; check the county court website or the statewide forms page at the California Courts site: https://www.courts.ca.gov/forms.htm.
• Plan for time. Even a short hearing can require waiting in court; schedule accordingly and bring what you need for a potentially longer day.