Disclaimer: This article is for informational purposes only and is not legal advice. Always consult a licensed attorney for guidance on your specific situation.
Detailed Answer
In Oklahoma, only a decedent’s personal representative may file a wrongful death claim after a car accident. Under the Oklahoma Wrongful Death Act (12 O.S. § 1053), the personal representative stands in the shoes of the deceased to seek compensation for surviving heirs and beneficiaries.
To obtain personal representative status, you must open a probate estate in the county where the deceased lived. Even if the decedent left no assets, you must secure letters testamentary (if there is a will) or letters of administration (if there is no will). Without these court-issued letters, a wrongful death lawsuit may be dismissed for lack of standing.
Key steps to open an estate in Oklahoma:
- File a probate petition with the county court.
- Submit a certified death certificate.
- Provide the decedent’s will, if available, or an heirship affidavit.
- List all heirs and beneficiaries and their contact information.
- Pay applicable court filing and bond fees.
Once the court issues letters, your personal representative can file the wrongful death action. Remember to file within two years of the date of death, per 12 O.S. § 1053.1, or you risk losing the right to recover damages.
Helpful Hints
- Begin probate as soon as possible to meet the two-year statute of limitations for wrongful death (12 O.S. § 1053.1).
- Review the Wrongful Death Act at 12 O.S. § 1053–1053.1 for claim requirements and deadlines.
- Consult Title 58 O.S. for estate administration procedures.
- Gather critical documents—death certificate, will, heir information—before petitioning probate.
- Consider hiring a probate attorney to streamline opening the estate and ensure proper representation in the wrongful death suit.