Detailed Answer
If a loved one dies in a car accident, you might wonder whether you must open the decedent’s estate before filing a wrongful death claim. Maryland law sets clear rules governing who can bring a wrongful death action and how to appoint a personal representative.
Personal Representative Requirement
Under Maryland Courts & Judicial Proceedings Article §3-904, a wrongful death suit must be filed by the decedent’s personal representative. Without a personal representative, the court will not have the legal standing to bring the claim. Md. Code, C.J. §3-904.
Appointment of a Temporary or Limited Personal Representative
If no one has been appointed as personal representative, you can petition the Orphans’ Court or Register of Wills in the county where the decedent lived for a temporary or limited appointment solely to file the wrongful death (and survival) action. This step effectively opens an estate for the narrow purpose of pursuing the claim.
Estate Administration vs. Summary Administration
You do not always need a full probate administration. For estates with a value under $50,000 (excluding liens and exempt property), Maryland’s summary administration under the Estates & Trusts Article can appoint a personal representative quickly. This streamlined process avoids full probate and lets you move forward. Md. Code, Est. & Trusts §7-202.
Survival Action vs. Wrongful Death Action
Maryland wrongful death suits include two components: a survival action for the decedent’s own claims (medical bills, pain and suffering) and a wrongful death action for the survivors’ losses (lost support, funeral costs). Both must be brought by the personal representative.
Practical Steps to Take
- Gather critical documents: accident report, death certificate, insurance policy.
- Contact the county Register of Wills to see if an estate is already open.
- If no estate exists, petition for appointment of a personal representative (full or summary) through the Orphans’ Court.
- After appointment, file the survival and wrongful death complaint in the appropriate Circuit Court.
Helpful Hints
- Maryland’s statute of limitations for wrongful death is three years from the date of death. Md. Code, C.J. §5-101.
- A summary small estate administration can save both time and money.
- Even if the decedent left little or no assets, you must still secure a personal representative to meet statutory requirements.
- Watch filing deadlines for the petition, complaint, and service of process.
- Track all expenses, loss of support, and funeral costs to support your damages claim.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified attorney.