Who Can File a Wrongful Death Claim

Many states require a wrongful death claim to be filed by the personal representative of the estate, sometimes called an executor or administrator. That person is often named in a will or appointed by a probate court. Other states allow a surviving spouse, children or parents to file directly, sometimes in a set order. The person who files is acting for the family as a whole, not just for themselves. If you're unsure who should serve in this role, family members can discuss it together and ask the probate court or an attorney how the process works in your state.

Families aren't always in the same place, physically or emotionally, after a loss. Some relatives may live in other states, and others may not agree on how to proceed. Most wrongful death processes are designed to handle this. One person usually serves as the representative, keeps others informed, and any recovery is divided according to state law or a court's approval. Open communication early can prevent misunderstandings later. If there's a disagreement about who should serve as representative, the probate court can decide, though that may add time to the process.

Before filing, the representative usually needs documents showing their authority. These may include letters testamentary or letters of administration from the probate court, a certified death certificate, and records showing family relationships, such as marriage and birth certificates. Gathering these documents can take a few weeks. Because wrongful death deadlines often start at the date of death, it's wise to begin collecting them soon after the funeral. An attorney handling the claim can often help coordinate the estate paperwork so it doesn't delay filing. Ask the vital records office how many certified copies you can order at once, since several offices may each want one.

1. 1

   Check whether your loved one left a will that names an executor or personal representative.

2. 2

   Order several certified copies of the death certificate from the vital records office.

3. 3

   Collect marriage and birth certificates that show each close family member's relationship.

4. 4

   Ask the probate court in your loved one's home county about opening an estate.