Why a Judge Must Approve a Minor's Settlement in Arizona

By the FigureMyTax Editorial Team · How we calculate

Under Arizona Rule of Probate Procedure 53, no settlement of a child's claim is binding on the child unless a judicial officer approves it, and settlements over $10,000 must be approved in a probate proceeding.

The rule

Rule 53(a)(1) says that, except where subpart (a)(2) applies, no settlement of a claim brought on behalf of a minor is binding on the minor unless it is approved by a judicial officer. If the court approves it, it may authorize the releases of liability. The exception is that a conservator may settle claims that do not involve personal injury or wrongful death without court approval, under A.R.S. 14-5424(C)(19).

Who approves it

Under Rule 53(b)(1), any superior court judge or judge pro tem may approve a minor's settlement of $10,000 or less. If the settlement exceeds $10,000, it must be approved by a judge in a probate proceeding under A.R.S. Title 14. Because the $10,000 line is measured on the settlement, check it against the gross amount.

A guardian ad litem or master can review it

The court may appoint a guardian ad litem under A.R.S. 14-1408 or a master, with instructions to address the reasonableness of the settlement, the attorney fees to be paid, the costs and how they are apportioned, the effect on public benefits, and how the proceeds are split among claimants. See how fees are reviewed in a child's case.

Who is a minor

A.R.S. 1-215 defines an adult as a person who has attained eighteen years of age, so the rule matters for children and teenagers under 18. A conservatorship can be continued beyond the 18th birthday in some cases under A.R.S. 14-5401(B).

Deadlines are separate

Arizona excludes the period of minority from the time to sue (A.R.S. 12-502), and the general personal injury limit is two years (A.R.S. 12-542). Ask an attorney how they apply before assuming you have time.

After approval

The court decides how the money is handled; see accounts, trusts and structured settlements, then run your numbers in the Arizona minor's settlement calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Arizona's rules apply to your specific case with a licensed Arizona attorney.