Rule 9.040.Settlement of Personal Injury Claims in Probate Cases
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 9.040
Plain-English Summary
When a personal injury claim belonging to an estate or a protected person settles, the probate court reviews the deal before it is final. This rule sets out what the court needs in hand to do that.
The petition for approval comes with an affidavit setting forth all relevant information concerning the settlement. That includes medical reports covering the nature and extent of the injuries sustained and the prognosis, so the judge can weigh what is being offered against what the injury will cost over time.
Medical material is sensitive, and the rule accounts for it. The petition and the affidavit must be filed as confidential documents if, and as, the law requires. The court may also require further information than the affidavit supplies, and a settlement on behalf of a protected person is subject to approval by the probate court.
Frequently Asked Questions
What do I file to get a personal injury settlement approved in a probate case?
A petition for approval of the settlement, accompanied by an affidavit. The affidavit is the substance of the request, and the court will read it to decide whether the settlement should be approved.
What does the affidavit have to cover?
All relevant information concerning the settlement. The rule names medical reports covering the nature and extent of the injuries sustained and the prognosis, but that list is an inclusion rather than a limit, so anything bearing on whether the settlement is sound belongs there.
Will the medical reports become public?
The rule directs that the petition and affidavit be filed as confidential documents if, and as, required by law. Whether a particular document is confidential turns on the law that applies to it, not on the filer's preference.
Can the judge ask for more before approving?
Yes. The rule states that the court may require further information. Expect questions where the affidavit leaves the extent of the injuries, the recovery, or the allocation of the settlement unclear.
Does a settlement for a protected person always need court approval?
The rule states that settlements on behalf of a protected person are subject to approval by the probate court. That review is the point of the petition and affidavit this rule describes.