Detailed Answer
Under Texas law, only a court-appointed personal representative of the decedent’s estate may file a wrongful death lawsuit. The Texas Civil Practice and Remedies Code requires this appointment:
- Tex. Civ. Prac. & Rem. Code §71.002 (Wrongful Death Claim by Personal Representative)
To obtain letters testamentary or letters of administration, you must open an estate in the probate court of the county where the decedent lived. This process formally appoints you (or another qualifying person) as personal representative.
You do not need to complete full asset administration before filing your wrongful death claim. Once the court issues your appointment, you have standing to sue. Many families use an independent administration if the decedent left a valid will. This route limits court supervision after appointment and reduces delays.
Texas does not allow small-estate affidavits or informal heirship to replace a personal representative in a wrongful death action. You must follow standard probate procedures, even if the estate has few assets.
Keep in mind the two-year statute of limitations for wrongful death actions in Texas:
- Tex. Civ. Prac. & Rem. Code §16.003 (Statute of Limitations for Personal Injuries)
You have two years from the date of death to file suit. If you miss this deadline, you lose your right to recover damages for funeral expenses, loss of consortium, mental anguish, and other statutory damages.
Helpful Hints
- Locate the decedent’s original will (if any) and death certificate before contacting the probate court.
- Consider independent administration to reduce court oversight after appointment.
- Gather heirship information: names, addresses, and relationships of all surviving heirs.
- File the probate application promptly to secure your standing before the two-year deadline.
- Consult a probate clerk or probate attorney to streamline the estate opening process.
- Maintain records of all probate filings and correspondence for your wrongful death claim.
- Track the statute of limitations calendar to avoid missing filing deadlines.
Disclaimer: This article provides general information on Texas wrongful death and probate law. It does not constitute legal advice. Please consult a qualified attorney for guidance tailored to your situation.