Navigating Wrongful Death Claims Through Probate

By: Rebecca Harvey

Dealing with the death of a loved one is hard enough on its own.  But when the death is due to someone else’s negligence, it adds another level of pain and distress.  Whether the decedent had a Last Will and Testament, or a Trust, any litigation (or pending litigation) related to a wrongful death action must be handled through the probate estate of the deceased.  

The first step is to open a probate estate through the court that has jurisdiction, usually based on where the decedent lived at the time of their death. A personal representative must be appointed to act on behalf of the estate. This representative is the only party legally authorized to manage litigation or settlement related to the wrongful death claim. 

Whether a wrongful death case results in a court filing or is resolved through out-of-court negotiations, eventually any agreed upon settlement amount must be approved of by the probate courts. Once a settlement is reached, the personal representative must petition the court to approve of the settlement amount. The petition must include certain information such as who may be entitled to compensation, their relationship to the deceased, the amount of any medical, funeral or burial expenses, and the amount of attorneys fees incurred related to the wrongful death case.  

All interested parties must be properly notified of the petition and given the opportunity to respond. If no objections are filed and the court finds the petition in order, the settlement will be approved. The personal representative can then receive the funds and distribute them according to the court-approved plan.

We understand how overwhelming this process can be during an already difficult time. Our experienced probate litigation lawyers in Ann Arbor are here to guide you through every step of a wrongful death claim with clarity, compassion, and trusted legal support. If you've lost a loved one due to negligence and need help navigating the probate process, contact Pear Sperling Eggan & Daniels, P.C. today. Let us help you protect your family’s rights and bring a sense of resolution during an incredibly challenging time.