Loune-Djenia Askew, Esq
Aug 15, 2025
If a wrongful death settlement involves a minor child or is set up as a structured payout, you may be surprised to learn that probate court approval is often required—even if a formal estate was never opened.
If a wrongful death settlement involves a minor child or is set up as a structured payout, you may be surprised to learn that probate court approval is often required—even if a formal estate was never opened.
In Florida, this requirement exists to protect the minor’s best interests and ensure the settlement funds are handled responsibly. The court will review the terms of the settlement, how the money will be managed, and who will oversee the funds until the child reaches legal adulthood. This oversight helps prevent misuse of the money and ensures it is preserved for the child’s future needs.
Structured settlements—payments made over time instead of a single lump sum—also require this review. The court will confirm that the payout schedule is in the minor’s best interest and that any appointed guardian of the property is capable of managing the funds appropriately.
If you are handling a wrongful death claim involving minors, it’s important to be prepared for this step in the process. Working with an experienced probate or personal injury attorney can help you navigate the court’s approval requirements, avoid delays, and make sure the settlement is finalized smoothly.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.