Why the Probate Court Approves a Minor's Settlement in Ohio

By the FigureMyTax Editorial Team · How we calculate

In Ohio the guardian of a child's estate may settle an injury claim with the advice, approval and consent of the probate court. If the net amount after fees and expenses the court allows is $25,000 or less, the court may authorize the settlement without appointing a guardian.

The statute

R.C. 2111.18 says that when a ward, including a minor, has a claim for personal injury caused by another's wrongful act, the guardian of the estate may adjust and settle it with the advice, approval and consent of the probate court.

The $25,000 line

If it is proposed to settle for a net amount of $25,000 or less after payment of fees and expenses the court allows, the court, on application by a suitable person it authorizes to receive and receipt for the settlement, may authorize the settlement without appointing a guardian and authorize delivery of the money as provided in section 2111.05. The court may authorize a complete release, and the payment is a complete and final discharge.

Other points

A parent may waive and include in the settlement the claim for loss of the minor's services. Records of the proceedings are not open to people who are not parties without a motion and good cause.

What we did not find

We did not read the rules on guardians ad litem or on attorney fees in probate court. Ask the probate court what it requires before you sign a release.

Who is a minor, and deadlines

A person is of full age at 18 (R.C. 3109.01). A person under 18 when the claim accrues may bring the action within the usual period after the disability is removed (2305.16); bodily injury actions generally have 2 years (2305.10), so about age 20. Ask an attorney before assuming you have time. See how the money may be held and run your numbers in the Ohio minor's settlement calculator.

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