Rule 133.Single-transaction guardianship; settlement of tort claims for disabled person
Part XV: Rules Governing Actions Subject to Summary Proceedings for Commercial Disputes · Last amended September 1, 2025 · Last verified July 28, 2026
In one sentenceRule 133 lets the Superior Court approve settlement of a tort claim for a person with a disability, including a minor, and route the money into a UTMA account or a court-approved annuity without appointing a property guardian, using $25,000 and $50,000 dollar thresholds to decide how the case proceeds.
(a)In a settlement of a single-transaction matter arising out of a tort claim for a person with a disability, including persons under the age of 18, the Court may, in its discretion, enter an order:
(1)approving the settlement;
(2)approving the disbursement of funds for the payment of the expenses of prosecuting the tort claim, subrogation claims and unpaid obligations of the person with a disability associated with the tort claim;
(3)in matters involving settlement of tort claim(s) for persons under the age of 18 involving property or funds the gross amount of which is $25,000 or less, inclusive of costs and attorney’s fees, approving the deposit of the net settlement funds in a Uniform Transfer to Minor Act (“UTMA”) account for the benefit of the minor without the need to appoint a guardian for the minor’s property;
(4)in matters involving settlement of tort claim(s) for persons under the age of 18 involving property or funds the gross amount of which is in excess of $25,000, inclusive of costs and attorney’s fees:
(i)approving the placement of the net settlement funds in a court-approved annuity or structured financial instrument for the benefit of the minor without the need to appoint a guardian for the minor’s property; or (ii) approving the placement of no greater than $25,000 of the net settlement funds in a UTMA account, with the balance of the net settlement funds to be placed in a court-approved annuity or structured financial instrument for the benefit of the minor without the need to appoint a guardian for the minor’s property; or
(5)appointing a guardian of the property of the person with a disability to be derived from the settlement, subject to the following:
(i)if the person with a disability is less than 18 years of age, settlement funds which are placed in a UTMA account of no greater than $25,000, a court-approved annuity, or a structured financial instrument for the benefit of the person, may be excluded from guardianship property; and (ii) if the petition to authorize the tort settlement proposes that all net settlement funds be placed in a manner qualifying for approval under (a)(3) or (a)(4) of this rule, a guardian for the property will be appointed only upon good cause shown, in the best interests of the minor, for the purpose of protecting the estate and maximizing benefits available to the minor, including public benefits.
(b)Upon entry of an order pursuant to subsection (a)(5), jurisdiction shall be transferred to the Court of Chancery for administration of the guardianship property pursuant to Chapter 39, Title 12 of the Delaware Code. Notwithstanding the foregoing, the Superior Court shall retain jurisdiction with respect to the enforcement of its orders issued pursuant to this Rule.
(c)Any annuity or structured financial instrument approved under this rule shall provide for payment of funds to the minor no earlier than the date the minor reaches majority, and shall prohibit the encumbrance, liquidation, sale, or other transfer of the policy before such time. Unless otherwise ordered, proof of the annuity or structured financial instrument shall be filed within 60 days of the entry of the order approving the settlement.
(d)The proposed form of Order for settlements involving monies being deposited into a UTMA account shall be consistent with Superior Court Form Rule 133A.
(e)A petition supporting the relief sought under this Rule shall be supported by an affidavit. The affidavit shall be consistent with Superior Court Form Rule 133B.
(f)The Petition shall also be accompanied by medical reports, affidavits or other evidence satisfactory to the Court for the Court to be able to make an independent determination that the proposed settlement is fair and reasonable in light of the facts and circumstances giving rise to the minor’s claim, and, in the absence of such evidence, the Court may require oral testimony. The Petition must also include an affidavit evidencing the non-petitioning parent’s consent to the settlement or an affidavit from the petitioner stating the reasons the non-petitioning parent’s consent cannot be obtained. For settlement petitions with gross settlement proceeds of less than $50,000, the Court will decide such petitions to authorize the settlement on the papers submitted unless otherwise ordered by the Court. All other petitions to authorize a settlement shall be heard in open court, with the person with a disability present, unless otherwise ordered.
(g)Notwithstanding anything to the contrary in Superior Court Civil Rule 5(g), any petition, and accompanying documents filed pursuant to Rule 133, will be deemed filed under seal without the need to file a separate motion to seal the pleadings. The Court retains discretion to unseal any filings as necessary or appropriate.
Rule 133 addresses a single-transaction settlement of a tort claim belonging to a person with a disability, including anyone under eighteen. Instead of automatically requiring a guardian of the property, the Court can approve the settlement itself, approve paying the expenses of prosecuting the claim and any subrogation claims or unpaid obligations tied to it, and route the money one of several ways depending on the amount involved.
For a minor's settlement of $25,000 or less, gross and inclusive of costs and attorney's fees, the Court can approve depositing the net funds into a Uniform Transfer to Minor Act account without appointing a guardian at all. Above $25,000, the Court can approve placing the net funds in a court-approved annuity or structured financial instrument — again without a guardian — or splitting it: up to $25,000 in a UTMA account, with the rest in the annuity or structured instrument. A guardian of the property is still available under Rule 133(a)(5), but where the petition proposes to place all the funds in a UTMA account, annuity, or structured instrument, the Court appoints one only on a showing of good cause tied to the minor's best interests, such as protecting the estate or preserving public benefits.
An annuity or structured instrument approved under this rule can't pay out before the minor reaches majority and can't be encumbered, sold, liquidated, or transferred before then; proof of it is due within 60 days of the order approving the settlement, unless the Court orders otherwise. If the property does go into a guardianship, jurisdiction over it transfers to the Court of Chancery, though the Superior Court keeps jurisdiction to enforce its own orders.
The petition needs an affidavit consistent with the Court's form for this rule, plus medical reports or other evidence letting the Court judge whether the settlement is fair and reasonable, and an affidavit either showing the non-petitioning parent's consent or explaining why it can't be obtained. A petition with gross settlement proceeds under $50,000 gets decided on the papers unless the Court orders otherwise; anything at or above that runs through an open-court hearing with the person with a disability present, absent a contrary order. Every petition and its accompanying documents are automatically filed under seal, with no separate motion needed, though the Court can unseal them later.
Frequently Asked Questions
Does a minor's tort settlement in Delaware always require appointing a guardian of the property?
No. Rule 133(a) lets the Court approve placing the net funds in a UTMA account (for $25,000 or less) or a court-approved annuity or structured instrument (above that amount) without appointing a property guardian.
What happens to a minor's settlement above $25,000?
The Court can approve placing it entirely in a court-approved annuity or structured financial instrument, or splitting it — up to $25,000 into a UTMA account, with the balance in the annuity or instrument.
When does a settlement petition get decided without a hearing?
Rule 133(f) allows petitions with gross settlement proceeds under $50,000 to be decided on the papers, unless the Court orders otherwise. Petitions at or above that amount are heard in open court with the person with a disability present, absent a contrary order.
Are these settlement petitions available to the public?
No. Rule 133(g) deems the petition and its accompanying documents filed under seal automatically, without a separate motion, though the Court retains discretion to unseal them.
What happens if the case results in a property guardianship instead of a UTMA account or annuity?
Jurisdiction over the guardianship property transfers to the Court of Chancery, though the Superior Court retains jurisdiction to enforce its own orders under Rule 133(b).
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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