Will you need to appear in court for a minor’s settlement? A clear, practical guide under Georgia law

Disclaimer: I am not a lawyer. This article provides general information about Georgia procedures and is not legal advice. For advice about a specific case, consult a licensed Georgia attorney.

Detailed answer — When a court appearance is required and what typically happens

In Georgia, many settlements that involve a minor require a judge’s approval before the minor’s funds can be disbursed or placed under a guardian’s control. Which court hears the matter and whether you must attend depend on the type of case, the amount involved, and local court procedures.

When court approval is required

Claims by or on behalf of a minor (personal injury, medical malpractice, wrongful death proceeds payable to a minor, etc.) commonly require a court to approve any settlement or compromise that will result in money being held or distributed for the minor’s benefit.
If a guardian or conservator already manages the minor’s estate, continuing court oversight may be required to accept settlement proceeds or to invest/allocate funds.
Some settlements may be structured (periodic payments) or large enough that the court insists on specific protections — such as a guardian ad litem, a trust, or restricted bank account.

Georgia law addresses guardianship and the court’s role in protecting minors and wards. For general statutory context on wards and guardians, see the Official Code of Georgia (Title 29)—available through the Georgia General Assembly website: https://www.legis.ga.gov/. For practical information about probate and related courts, see the Georgia court system: https://georgiacourts.gov/.

Which court will handle approval?

Often a probate court (sometimes called the court of ordinary) or a superior court will handle approval, depending on local practice and whether a guardianship or estate matter is already open.
If the settlement arises from a lawsuit pending in superior court, the settlement approval may occur in that case or by filing a separate petition in the probate court — local rules vary.

Who usually must attend the hearing?

The person asking the court to approve the settlement (the plaintiff or guardian) will usually need to be represented and may be required to appear.
The minor often does not need to attend in person. Courts care about the minor’s interests; judges may appoint a guardian ad litem or require testimony from someone who can explain why the settlement is fair and in the child’s best interest.
If a parent, guardian, or attorney cannot attend, many courts allow counsel to appear on behalf of the parties or to request a continuance; local rules determine whether remote appearances (telephone or video) are allowed.

What happens at the hearing?

Filing review: The judge will review the petition, supporting documents (settlement agreement, medical records summary, damages calculation), and any proposed order or trust documents.
Explanation on the record: The attorney or guardian typically explains the case, the settlement terms, and why the proposed distribution is in the minor’s best interest.
Questioning: The judge may ask questions, request clarifications, or require additional safeguards (e.g., appointment of a guardian ad litem, establishment of a blocked account, or creation of a trust).
Decision: The court will either approve the settlement, approve it with conditions, continue the hearing, or deny approval. Approved settlements usually lead to an order that instructs how funds must be handled.

Possible outcomes and protective steps the court may require

Blocked or restricted accounts for the minor’s funds to prevent unrestricted access until age 18 (or another age set by the court).
Appointment of a guardian ad litem to represent the minor’s interests.
Creation of a trust or structured settlement to manage large awards.
Approval of attorney’s fees and any liens (medical provider liens, subrogation claims) before disbursing net proceeds.

Practical timeline and costs

Expect the approval process to take several weeks to months, depending on local docket congestion and whether additional documents or hearings are needed. Costs can include filing fees, attorney’s fees (often subject to court review), guardian ad litem fees, and costs to establish a trust or blocked account.

If you cannot attend

Ask the court whether counsel may appear for you or whether a telephonic or video appearance is permitted.
File any required affidavits or waivers in advance, if the court allows.
Request a continuance if attendance is essential and you have a legitimate conflict.

Helpful hints

Bring or file: the settlement agreement, medical summaries, a proposed order for the judge, accounting of expenses, lien estimates, and any paperwork establishing how the money will be held (trust documents or bank instructions).
Confirm the hearing location and whether the court requires originals or copies. Probate courts sometimes have special procedures—call the clerk ahead of time.
Ask whether the court typically appoints a guardian ad litem in your county. If so, budget for that fee and allow time for the ad litem’s investigation and report.
If the award is large, consider options the court favors (trusts, structured settlements, or blocked accounts) and discuss them with your attorney before the hearing.
If you have an attorney, ask what the judge usually expects in your jurisdiction. Local practice can vary widely across Georgia counties.
Keep records of all medical bills, liens, and written settlement offers; the court will want to see how the net amount to the minor was calculated.

Next steps — how to prepare now

Contact the court clerk where the minor’s matter will be heard to confirm filing requirements and hearing procedures.
Consider consulting a Georgia attorney who handles minor settlement approvals or probate matters to prepare the petition and proposed order.
Gather documentation: evaluation of damages, bills, lien letters, settlement drafts, and any guardianship or probate records already on file.

For general information about Georgia courts and probate procedures, use these resources:

Georgia General Assembly (Georgia Code and statutes): https://www.legis.ga.gov/
Georgia Courts (information about court types and contacts): https://georgiacourts.gov/

Every case is different. If you face a pending hearing or a complex settlement, talk to a Georgia attorney who can review your facts and explain whether you must attend and how best to protect the minor’s interests.