Detailed Answer
Under Minnesota law, only a court-appointed personal representative can file a wrongful death action. Minn. Stat. § 573.02 states, “An action may be brought under this chapter only by the personal representative of the decedent’s estate.” Link to Minn. Stat. § 573.02
To obtain that appointment, you generally must open a probate estate. You file an application for administration in the district court of the county where the decedent lived or owned property. The court issues letters of administration (or letters testamentary, if there’s a will), which grant authority to pursue the wrongful death claim.
If the estate’s total value is under $75,000 (excluding certain exempt property), you can use Minnesota’s summary probate process. Under Minn. Stat. § 524.3-207, you file a simplified petition, pay a reduced fee and often skip bond requirements. Link to Minn. Stat. § 524.3-207
Even if the decedent had no assets, you still need a personal representative. The court can appoint a “limited” representative to handle just the wrongful death claim. You request this role through the same probate application but ask the court to limit your duties to prosecuting the claim.
Finally, note the statute of limitations. You must file a wrongful death action within three years of the decedent’s death under Minn. Stat. § 573.03. Missing that deadline generally bars recovery. Link to Minn. Stat. § 573.03
Helpful Hints
- Gather the decedent’s death certificate and any will or beneficiary designations.
- Inventory all assets and debts to see if you qualify for summary probate (<$75,000).
- File your probate petition promptly to secure letters of administration.
- Request a limited appointment if the only task is pursuing the wrongful death claim.
- Track the three-year statute of limitations to avoid missing the deadline.
- Keep detailed records of medical bills, funeral expenses and lost income to support your claim.
- Consider consulting a personal injury attorney experienced in Minnesota wrongful death actions.
Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a licensed attorney in Minnesota to discuss your specific situation.