Rule 3.1384.Petition for approval of the compromise of a claim of a minor or a person with a disability; order for deposit of funds; and petition for withdrawal

When a lawsuit settles in favor of a minor or a person with a disability, the settlement is not automatically theirs to accept. Code of Civil Procedure section 372 requires court approval of any compromise or covenant not to sue involving that person’s claim, because they cannot bind themselves to the deal the way a competent adult could. Rule 3.1384 does not set new standards for that approval; it directs the petitioner to a set of probate rules that spell out what the petition must contain and how the court evaluates it.

Once a settlement is approved, the money often cannot be handed over outright. Courts frequently order the funds deposited somewhere protected — a blocked account, an annuity, a trust — until the minor reaches adulthood or the disabled person’s circumstances allow withdrawal. Rule 3.1384(b) sends both the deposit order and any later petition to withdraw those funds to a different pair of probate rules built specifically for handling money that belongs to a minor or a person with a disability.

The rule’s function is entirely one of routing. It confirms that even though the underlying claim is a civil action, the procedure for protecting a vulnerable claimant’s recovery runs through the probate rules rather than through an ad hoc civil process.