What it means
Before an action to enforce a settlement is begun, the guardian of the property may petition the court to approve a proposed settlement of a claim by or against the guardian, whether it arose before or after the appointment. If the court is satisfied that the settlement is in the best interest of the ward, it may enter an order authorizing it. When the settlement is made as the order directs, the guardian is relieved of further responsibility for the claim. The order may also decide whether an additional bond is required and fix its amount.
In the same manner, or as authorized by s. 744.301, natural guardians or the guardian of a minor may settle a claim by or on behalf of a minor that does not exceed $15,000 without bond. A legal guardianship is required when the net settlement to the ward exceeds $15,000. When a net settlement or judgment for the ward or minor exceeds $15,000 and no guardian has been appointed, the court shall require appointment of a guardian of the property.
No settlement after an action has been commenced by or on behalf of a ward is effective unless the court with jurisdiction of the action approves it. An instrument the guardian signs to carry out a court-ordered settlement is a complete release of the person making the settlement.
- Before an action to enforce a settlement is begun, the guardian of the property may petition for an order authorizing it if the court finds it in the ward's best interest (§ 744.387(1)).
- A settlement made as the order directs relieves the guardian of further responsibility for the claim; the order may also set an additional bond (§ 744.387(1)).
- A claim by or on behalf of a minor of $15,000 or less may be settled without bond (§ 744.387(2)).
- A legal guardianship is required when the net settlement to the ward exceeds $15,000; a guardian of the property is required for a net settlement or judgment above that figure (§ 744.387(2), (3)(b)).
- After an action is commenced, no settlement for a ward is effective unless the court approves it (§ 744.387(3)(a)).
- An instrument executed under a court-ordered settlement is a complete release of the person making the settlement (§ 744.387(4)).
Text of the statute (2026)
(1) When a settlement of any claim by or against the guardian, whether arising as a result of personal injury or otherwise, and whether arising before or after appointment of a guardian, is proposed, but before an action to enforce it is begun, on petition by the guardian of the property stating the facts of the claim, question, or dispute and the proposed settlement, and on any evidence that is introduced, the court may enter an order authorizing the settlement if satisfied that the settlement will be for the best interest of the ward. The order shall relieve the guardian from any further responsibility in connection with the claim or dispute when the settlement has been made in accordance with the order. The order authorizing the settlement may also determine whether an additional bond is required and, if so, shall fix the amount of it.
(2) In the same manner as provided in subsection (1) or as authorized by s. 744.301, the natural guardians or guardian of a minor may settle any claim by or on behalf of a minor that does not exceed $15,000 without bond. A legal guardianship shall be required when the amount of the net settlement to the ward exceeds $15,000.
(3)(a) No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court having jurisdiction of the action. (b) In the event of settlement or judgment in favor of the ward or minor, the court may authorize the natural guardians or guardian, or a guardian of the property appointed by a court of competent jurisdiction, to collect the amount of the settlement or judgment and to execute a release or satisfaction. When the amount of net settlement to the ward or judgment exceeds $15,000 and no guardian has been appointed, the court shall require the appointment of a guardian for the property.
(4) In making a settlement under court order as provided in this section, the guardian is authorized to execute any instrument that may be necessary to effect the settlement. When executed, the instrument shall be a complete release of the person making the settlement.
Excerpts are the subsections the summary relies on. Read the full official text of § 744.387.
History. s. 1, ch. 74-106; ss. 14, 26, ch. 75-222; s. 3, ch. 78-342; s. 10, ch. 79-221; s. 63, ch. 89-96; s. 48, ch. 90-271; s. 10, ch. 2002-195.
How it applies
This section is the settlement counterpart to the $15,000 limit in s. 744.301. It applies when a claim of a ward or minor is resolved, including a claim arising from personal injury or otherwise (subsection (1)). Subsection (3)(b) lets the court authorize a guardian to collect a settlement or judgment and sign a release or satisfaction.
Section 768.25, titled Court approval of settlements, is a related section in the wrongful death chapter. The two sections work alongside each other in a settlement involving a minor.
Questions people ask
Sources
- Florida Statutes (2026), s. 744.387, Florida Senate (Subsections (1) to (4): pre-suit approval, the $15,000 net-settlement threshold, court approval after suit is filed, and the release effect. Quote: "No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court")
- Online Sunshine, Florida Statutes (2026), s. 744.387 (Text, catchline, and History line checked against this page on 2026-10-17.)
- Florida Statutes (2026), s. 744.301, Florida Senate (Natural guardian authority referenced in subsection (2).)
- Florida Statutes (2026), s. 768.25, Florida Senate (Related section on court approval of settlements in wrongful death actions.)
Last checked: October 17, 2026
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