Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Georgia attorney for guidance specific to your situation.
Detailed Answer
Under Georgia law, only the personal representative of a decedent’s estate may bring a wrongful death action on behalf of survivors. See O.C.G.A. § 51-4-1. That means you must have an estate opened in Georgia probate court so the court can appoint a personal representative (also called an administrator or executor).
To open an estate, you file a petition in the probate division of the superior court in the county where the decedent lived. Once appointed, the personal representative steps into the decedent’s shoes and can file a lawsuit alleging wrongful death and survival claims (to recover losses the decedent suffered before death).
If the decedent left little or no assets besides the wrongful death claim, Georgia law allows a simplified appointment or small-estate procedure. For estates with personal property under $10,000 and no real estate, you may use a Small Estate Affidavit or a simplified administration under O.C.G.A. § 53-12-1. This process is faster and less formal, but it still gives someone the authority to sue.
Once you have a personal representative, they must file the wrongful death complaint within two years of the decedent’s death. This deadline is set by O.C.G.A. § 9-3-33, Georgia’s statute of limitations for wrongful death. If you miss this deadline, you generally lose the right to bring the claim.
Helpful Hints
- Identify the correct court—File probate documents in the superior court of the county where the decedent lived.
- Gather basic documents—Death certificate, family tree (to determine heirs), and any asset information.
- Consider a bond—Courts may require the personal representative to post a bond to protect estate creditors.
- Use small estate procedures—If assets total under $10,000, explore O.C.G.A. § 53-12-1 for an expedited appointment.
- Watch the deadline—Track the two-year statute of limitations for wrongful death claims (O.C.G.A. § 9-3-33).
- Consult a probate attorney—Even with simple estates, a lawyer can help avoid delays and mistakes.