Section 2204. Judicial settlement where recovery has been had in negligence action 1  


Latest version.
  • Where a judgment or compromise of  a  cause  of  action  has  been
      obtained  and  the  proceeds  are  ready  to  be paid over and where the
      recovery is not an asset of the decedent's estate but  goes  by  special
      provision  of  law  to  designated  persons  or  classes of persons, the
      fiduciary may at any time file a petition for the judicial settlement of
      his account relating to the proceeds and upon the return of  process  or
      upon  the  waiver of all persons interested, if adult and competent, the
      court may take and settle his account and direct payment to the  parties
      entitled  according  to  their  respective rights and interests and upon
      filing receipts for the payments the party  paying  the  money  and  the
      fiduciary  shall  be  discharged  from  all further liability as to such
      cause of action and the proceeds.
        2.  Where such recovery has been had and the amount  thereof  paid  to
      the  fiduciary,  he may in like manner have a judicial settlement of his
      account relating to  such  proceeds  at  any  time  and  a  decree  made
      discharging him from all further liability concerning it.