Losing a loved one is always difficult. When the death may have been caused by another person’s negligence, recklessness, or intentional conduct, the family may also face legal issues involving wrongful death and probate, as well as a wrongful death claim alongside the process of administering the person’s estate.
Wrongful death and probate are separate legal matters, but they can overlap in important ways. A wrongful death case may require a personal representative to be appointed, delay the closing of an estate, or involve court approval before settlement proceeds can be distributed.
Because the rules differ significantly from state to state, families should understand how these two proceedings may work together.
What Is a Wrongful Death Claim?
A wrongful death occurs when another person, business, or organization engages in conduct that causes someone’s death.
Examples may include:
- a fatal car accident caused by an impaired or negligent driver
- a medical provider’s failure to diagnose or properly treat a serious condition
- a defective or dangerous product
- an unsafe condition on someone else’s property
- an intentional act that results in death
A wrongful death claim is a civil matter. Its purpose is generally to seek financial compensation for losses arising from the death, even when the same conduct also results in a criminal investigation or prosecution.
What Damages May Be Available?
The damages available in a wrongful death case depend on state law and the facts of the case.
Compensation may address losses such as:
- medical expenses incurred before death
- funeral and burial expenses
- lost financial support
- lost household services
- loss of companionship, care, or guidance
- other economic or noneconomic losses recognized under state law
Some damages may belong to the deceased person’s estate, while others may belong directly to certain surviving family members. That distinction can affect who has the authority to pursue the claim and who recovers.
Who Can File a Wrongful Death Lawsuit?
State law determines who has the legal right to bring a wrongful death claim.
Depending on the jurisdiction, that authority may belong to:
- a surviving spouse
- children
- parents
- other relatives identified by statute
- the personal representative of the deceased person’s estate
Some states give priority to the closest surviving family members and allow others to file only after a certain period has passed. Other states require the personal representative of the estate to bring the claim.
The probate court may need to appoint someone before the wrongful death matter can move forward. That’s true—even if the deceased person owned few assets or had otherwise arranged to avoid probate.
Why a Wrongful Death Claim May Require Probate
Probate is the court-supervised process for administering a deceased person’s estate. It commonly involves appointing a personal representative, identifying assets, addressing creditor claims, and distributing property to heirs or beneficiaries.
Not every estate requires a full probate proceeding. Assets held in a properly funded trust, jointly owned property, and accounts with valid beneficiary designations may pass outside probate.
A wrongful death claim, however, can create a separate reason to open an estate.
Probate may be necessary because:
- only a court-appointed personal representative has authority to bring or settle the claim
- the personal representative must sign a release of the defendant’s liability
- some settlement proceeds are payable to the estate
- the court must approve the settlement or its allocation
- medical bills, funeral costs, taxes, or other claims must be addressed
- the estate cannot close until the wrongful death matter is resolved
This means that probate may be necessary even when the deceased person had no significant probate assets or had used a trust and other planning tools to transfer property outside court.
The Personal Representative’s Role
The personal representative may play a central role in both proceedings.
Depending on state law, the personal representative may be responsible for:
- retaining an attorney to evaluate the wrongful death claim
- filing or authorizing the lawsuit
- gathering records and communicating with insurers
- reviewing and approving settlement terms
- signing releases or other legal documents
- seeking court approval when required
- receiving proceeds payable to the estate
- distributing funds according to the law or a court order
A person named as personal representative in a will does not necessarily have authority to act immediately. A court would need to appoint one first.
Who Receives the Wrongful Death Proceeds?
A common assumption is that wrongful death proceeds are distributed according to the deceased person’s will. That is not always the case.
Depending on state law and the type of damages recovered, proceeds may be distributed:
- according to the state’s wrongful death statute
- among surviving family members based on their individual losses
- according to the beneficiaries’ level of financial dependency
- through the deceased person’s estate
- under state intestacy laws
- according to a written family settlement agreement
- as directed or approved by the probate court
As a result, someone may be entitled to wrongful death proceeds even if they were not named as a beneficiary in the will. Conversely, a person named in the will may not necessarily be entitled to a portion of every category of wrongful death damages.
The outcome depends on the governing state law, the relationship between the deceased person and the survivors, and the nature of the damages awarded.
Can a Wrongful Death Claim Delay Probate?
Yes. When a wrongful death claim and probate are pending at the same time, the estate may need to remain open until the claim is settled or resolved at trial.
The personal representative may not know the estate’s final value until the case concludes. The estate may also need to address expenses, taxes, creditor claims, and court-approved distributions connected to the recovery.
Because wrongful death cases can take significant time, families should be prepared for the possibility that the probate estate will remain open longer than it otherwise would.
Why Legal Guidance Matters
Wrongful death and probate each involve strict procedural rules, deadlines, and questions of legal authority. When they intersect, the process can become especially complicated.
Families may need guidance concerning:
- who has the right to bring the claim
- whether a probate estate must be opened
- who should serve as personal representative
- whether the court must approve a settlement
- how proceeds should be allocated
- which expenses or creditor claims must be paid
- who is legally entitled to receive the recovery
The answers vary considerably by state and by the circumstances surrounding the death.
Getting Help During a Difficult Time
Administering an estate is emotionally demanding under ordinary circumstances. When the death also involves potential wrongdoing, litigation, or a settlement, the legal and emotional burdens can become even greater.
If you are serving as a personal representative, dealing with a possible wrongful death claim, or trying to understand how settlement proceeds may affect probate, professional guidance can help you identify the proper next steps.
We can help you understand the probate process, clarify your responsibilities, and coordinate with the attorneys handling the wrongful death matter so the estate is administered properly and the proceeds are distributed according to applicable law.
