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Chapter 744 — Guardianship

Florida Statute 744.387

Settlement of claims

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.

— What it says
  • 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.
— In a real probate

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.

Where this shows up

Pages on this site where § 744.387 does real work:

Questions people ask

Does a minor's settlement need court approval in Florida?
Once a lawsuit has been filed, yes — no settlement is effective without it. Before suit, a natural guardian can settle a claim up to $15,000 alone; a net recovery above $15,000 requires a court-appointed guardian of the property under Florida Statute 744.387.
The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 744.387
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