Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.

Understanding Missouri Wrongful Death Claims and Estate Administration

Do I Need to Open an Estate to Pursue a Wrongful Death Claim After a Car Accident?

Detailed Answer

Under Missouri law, a wrongful death claim following a car accident must be filed by the personal representative of the deceased’s estate. Missouri Revised Statutes Section 537.080 provides that “whenever the death of a person is caused by the wrongful act, neglect, or default of another, the personal representative of the deceased may maintain an action….” (Mo. Rev. Stat. § 537.080).

Because the right to recover for wrongful death vests in the decedent’s estate, you must open a probate proceeding or secure letters of administration. The probate court appoints a personal representative (sometimes called an executor or administrator), who then has legal standing to pursue the wrongful death lawsuit on behalf of surviving beneficiaries, such as a spouse, children, or other next of kin.

Missouri also offers a simplified affidavit procedure for small estates valued at $40,000 or less under Mo. Rev. Stat. § 473.033. However, even in a small estate, an appointed personal representative is required before initiating a wrongful death action. The small estate affidavit alone does not grant authority to file a wrongful death claim.

After opening the estate and obtaining your letters of administration, you must file the wrongful death petition within three years of the date of death under Mo. Rev. Stat. § 537.100. Missing this deadline generally bars the claim.

Helpful Hints

• Statute of Limitations: File within three years from the date of death (Mo. Rev. Stat. § 537.100).
• Choosing a Personal Representative: Courts often appoint a spouse or adult child. Pick someone organized and trustworthy.
• Probate vs. Small Estate Affidavit: Full probate may be required for larger estates; use the small estate affidavit only if total assets do not exceed $40,000.
• Evidence Collection: Gather police reports, medical records, witness statements, and photos early to support your claim.
• Legal Guidance: Consulting a Missouri wrongful death attorney helps you navigate probate administration and litigation effectively.