Detailed Answer
Understanding Wrongful Death Actions in Ohio
In Ohio, a wrongful death claim arises when a person dies due to another’s wrongful act or negligence, such as a fatal car accident. The Ohio Revised Code § 2125.02 requires that only the decedent’s personal representative may bring a wrongful death action. That personal representative is typically an executor named in a will or an administrator appointed by the probate court.
Requirement to Open an Estate
You must open an estate in probate court to obtain legal authority to sue on behalf of the deceased. To initiate this process, an interested party—often a surviving spouse, adult child, or parent—files an application for letters of authority (letters testamentary for an executor or letters of administration for an administrator). Upon appointment, the personal representative can file the wrongful death lawsuit.
Ohio Revised Code § 2125.02: codes.ohio.gov/orc/2125.02
Filing the Personal Representative Application
To open the estate, you must file a “Docketing Statement—Application for Appointment” in the probate court of the county where the decedent lived. The probate court sets a hearing, notifies heirs and creditors, and issues letters if the application is approved. Many courts offer a simplified or expedited process when the sole purpose is to pursue a wrongful death claim.
Statute of Limitations and Timing
In Ohio, you have two years from the date of death to file a wrongful death lawsuit. Parallel to that deadline, you should open the estate promptly to avoid delays in obtaining letters of authority and preserve your right to sue.
Helpful Hints
- Identify the correct personal representative early to avoid delays.
- Prepare a copy of the death certificate and any relevant accident reports before filing.
- Check local probate court rules for simplified procedures in wrongful death cases.
- Notify potential heirs and interested parties per probate court instructions.
- Monitor the two-year statute of limitations under Ohio Rev. Code § 2125.02.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.