Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Michigan for advice on your specific situation.
Detailed Answer
Under Michigan law, a wrongful death claim arising from a car accident must be brought by the decedent’s personal representative. See MCL 600.2922 (link). Without an appointed personal representative, the court will dismiss the claim for lack of standing.
To gain standing, you generally must open a probate estate so the court can appoint you or another individual as personal representative under the Estates and Protected Individuals Code (EPIC). See MCL 700.3701 (link).
However, EPIC allows a restricted personal representative appointment solely to file or defend a wrongful death action. Under MCL 700.3717 (link), you can request limited probate processing limited to your lawsuit, avoiding full estate administration. This process typically involves filing a petition, presenting the decedent’s death certificate, and notifying heirs.
Once appointed, the personal representative must file the wrongful death suit within three years of the decedent’s death per MCL 600.5805(10) (link). Michigan’s statute of limitations is strict, so begin probate proceedings promptly to protect your rights.
Helpful Hints
- File a petition for probate early to secure appointment as personal representative.
- Obtain multiple certified copies of the death certificate for court filings.
- Gather any existing will and a list of the decedent’s heirs before filing.
- Consider a restricted personal representative appointment to limit probate duties.
- Track all filing deadlines and notify interested parties as required by MCL 700.3611.