Whenever a child under the age of eighteen years receives money or other property of value - such as an inheritance from an estate, proceeds from a life insurance policy, a settlement of a personal injury claim or a wrongful death settlement - the Probate Court must approve the settlement of the minor's claim or right to receive the property.
Where the amount received by the minor is $10,000 or less, the money can be simply deposited in a restricted account for the benefit of the child. The funds cannot be withdrawn without prior approval of the Court.
Where the amount received by the minor is greater than $10,000 then a guardian of the estate of the minor must be appointed by the Court. The parents can be guardians of the minor's estate.
In all cases, regardless of the amount of settlement, the parents of the minor must both consent to settlement of claim for the minor's injury.
Where the amount received by the minor is $10,000 or less, the money can be simply deposited in a restricted account for the benefit of the child. The funds cannot be withdrawn without prior approval of the Court.
Where the amount received by the minor is greater than $10,000 then a guardian of the estate of the minor must be appointed by the Court. The parents can be guardians of the minor's estate.
In all cases, regardless of the amount of settlement, the parents of the minor must both consent to settlement of claim for the minor's injury.
General Information
A filing fee is required when filing a minor settlement. The amount of the fee is based upon whether or not a guardianship is necessary. There may be additional court cost required during the minor settlement process. We do not accept credit cards.
We accept filings in person or by mail. If you wish for any file-stamped documents to be returned to you, a self-addressed, stamped return envelope should be provided to the Court.
The Miami County Probate Court personnel are prohibited by law to provide legal advice or to assist in filling out forms.
We accept filings in person or by mail. If you wish for any file-stamped documents to be returned to you, a self-addressed, stamped return envelope should be provided to the Court.
The Miami County Probate Court personnel are prohibited by law to provide legal advice or to assist in filling out forms.
Copyright © 2009 Miami County Juvenile/Probate Court
Web site design provided by Henschen & Associates, Inc.