Surrogate Deposits and Structured Settlements for a Child in New Jersey

By the FigureMyTax Editorial Team · How we calculate

A county court form order shows that a New Jersey child's net settlement is typically paid by check to the county Surrogate for the child, with a limited guardian of the estate who can receive money only by court-directed withdrawals, and is released only by further court order or when the child reaches majority.

What the form order says

The Gloucester County form order directs the net recovery to be paid by check payable to the Surrogate of the county, in an intermingled account in the child's name, and directs the guardian ad litem to apply promptly to the Surrogate under Rule 4:81 for a limited guardian of the estate, limited to the amount on deposit. That guardian may not receive funds for the child except by court-directed withdrawals, and the bond is dispensed with under the guardianship statute. The plaintiff's attorney must see that the appointment is completed and give the Surrogate a copy of the order.

Releasing the money

The same order says the money is paid from the account only on further order of the Superior Court, Chancery Division, Probate Part, or when the child reaches majority.

Structured settlements

The court must be reasonably certain, from the financial security of the obligor or surety, that all future payments will be made, and the rules on deferred payments in Rule 4:48A apply (Rule 4:44-3).

What we did not find

This is one county's form, not a statewide rule; practice may vary by county and judge. We did not read Rule 4:48A, Rule 4:81 or the probate statutes on guardians. Ask the court what it will require. Then read why a court must approve and how the court sees the attorney fee, and see what is left in the New Jersey minor's settlement calculator.

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