The Denver Probate Court is aware that many personal injury attorneys are not generally familiar with the procedures for obtaining probate court approval of a personal injury settlement or an insurance payout for a minor or protected person.
Consequently, the Court has prepared this detailed packet to guide attorneys through the process, to prevent improper or incomplete pleadings, as well as to ensure that parents, attorneys, guardians, and/or conservators are aware of their continuing responsibilities after settlement of a claim.
Obtaining court approval of a settlement of a claim for a protected person can be procedurally complex. This article (Court Approval of the Settlement of Claims of Persons Under Disability) provides practitioners with procedural suggestions for filing petitions under Rule 16 of the Colorado Rules of Probate Procedure and for conducting hearings on these petitions. [Click here to read]
Petition: DPC 1 Petition to Settle Personal Injury Claim can be downloaded here.[Word] ***Please note the court revised this form on 12/8/16 and requires the use of this form***
Proposed Order: DPC 2 Order Approving Personal Injury Settlement and for Deposit of Funds can be downloaded here. [Word]