Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney in Connecticut for guidance tailored to your situation.
Detailed Answer
Under Connecticut law, only a decedent’s duly appointed personal representative may pursue a wrongful death action. Conn. Gen. Stat. §52-555 grants this exclusive right to the executor or administrator of the estate. Without that appointment, a court will dismiss any wrongful death claim for lack of standing.
To secure that status, you must open an estate in the Probate Court of the district where the decedent resided. The process differs depending on whether the decedent left a will:
- If there is a valid will, the named executor files a petition for probate under Conn. Gen. Stat. §45a-265. Once approved, the court issues Letters Testamentary.
- If there is no will, a close family member files for appointment as administrator under Conn. Gen. Stat. §45a-274. The court then issues Letters of Administration.
After obtaining Letters, the personal representative may file a wrongful death suit in Superior Court. Remember that Connecticut’s statute of limitations for wrongful death is two years from the date of death (Conn. Gen. Stat. §52-555). If you miss this deadline, the court will bar your claim even if you later secure appointment.
Opening the estate also lets you gather and manage the decedent’s assets, pay debts, and distribute any recovery according to the will or the intestacy rules under Chapter 802 of the Connecticut General Statutes. Handling these tasks properly strengthens your wrongful death claim and ensures compliance with all procedural requirements.
Helpful Hints
- Start the probate petition immediately to avoid delays in filing your wrongful death action.
- Collect the decedent’s original will, death certificate, and a list of key assets before visiting Probate Court.
- Check the local Probate Court’s website for specific filing instructions and fee schedules.
- If there’s no will, verify your eligibility as the statutory next of kin under the intestacy statutes.
- Track the two-year statute of limitations carefully; missing it can bar your recovery.
- Consider consulting a probate attorney to streamline asset administration and legal compliance.