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Chapter 768 — Wrongful Death & Negligence

Florida Statute 768.25

“Court approval of settlements”

What it means

While a wrongful death action is pending, a settlement as to amount or apportionment among the beneficiaries is not effective unless approved by the court in two situations: when it is objected to by any survivor, and when it affects a survivor who is a minor or an incompetent.

The personal representative brings the action under § 768.20. This section limits what a settlement can do without the court's approval when a survivor objects or a minor or incompetent survivor is affected.

— What it says
  • The rule applies while an action under the Act is pending (§ 768.25).
  • A settlement objected to by any survivor, as to amount or apportionment, is not effective unless the court approves it (§ 768.25).
  • A settlement that affects a survivor who is a minor or an incompetent is not effective unless the court approves it (§ 768.25).
  • The requirement covers both the amount and the apportionment among the beneficiaries (§ 768.25).

Text of the statute (2026)

§ 768.25
While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court.

Excerpts are the subsections the summary relies on. Read the full official text of § 768.25.

History. s. 1, ch. 72-35.

— In a Florida probate

How it applies

A wrongful death settlement needs court approval in either of two situations: a survivor objects to the amount or the apportionment, or the settlement affects a survivor who is a minor or an incompetent. Without approval, the settlement is not effective. The apportionment is among the beneficiaries identified in the complaint under § 768.21, and a verdict would state each survivor's amount and the estate's amount separately under § 768.22.

Where this shows up

Pages on this site where § 768.25 does real work:

Questions people ask

Can a wrongful death settlement be approved if the family disagrees?
Not without the court. While the action is pending, no settlement as to amount or apportionment among the beneficiaries that is objected to by any survivor, or that affects a minor or an incompetent survivor, is effective unless the court approves it (§ 768.25).

Sources

Last checked: October 17, 2026

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 § 768.25

Published by the Probate.Help editorial team.How these pages are written and checked.

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