Why a Probate Judge Approves a Minor's Settlement in Connecticut

By the FigureMyTax Editorial Team · How we calculate

A release by both parents, or the custodial parent, binds the child only up to $10,000. Above that, a parent cannot receive the child's money unless appointed guardian of the estate, and the Probate Court can authorize the settlement after notice and a hearing.

The $10,000 rule

General Statutes 45a-631 says a parent, guardian of the person or spouse of a minor shall not receive or use any of the minor's property worth more than $10,000 unless appointed guardian of the estate, except as a custodian under the Uniform Transfers to Minors Act. A release given by both parents, by the parent with legal custody, or by the guardian or spouse is valid and binding on the minor if the amount does not exceed $10,000.

Above $10,000

Upon application, the Probate Court may, after notice and a hearing, authorize a guardian of the estate to compromise and settle doubtful or disputed claims (45a-151). The court considers the best interests of those represented. The statute speaks of "the amount" of the release, so ask the court whether it looks at the gross or the net figure.

Guardian of the estate

Under 45a-629, the court sets a hearing with reasonable notice to the parents or guardian, and to the minor if twelve or older. It may appoint a parent or another proper person, who must give a probate bond. The application must state whether the minor receives state aid or care (45a-630), and the guardian files an inventory within two months (45a-634).

Who is a minor

General Statutes 1-1d treats a person under eighteen as a minor and a person eighteen or older as an adult for all purposes.

Deadlines and pending cases

An injury claim must be brought within two years from when the injury is first sustained or discovered, and no more than three years from the act or omission (52-584). We did not find a minority tolling provision in that section, so ask an attorney how it applies before assuming you have time. If a lawsuit is pending, ask the court about its procedure for approving a child's settlement; we could not read the Practice Book.

After approval

The court decides how the money is held; see trusts, lump sums and periodic payments and how the fee is capped. Run your numbers in the Connecticut minor's settlement calculator.

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