Detailed Answer
A wrongful death lawsuit in Mississippi can only proceed through the decedent’s estate. State law grants the right to file a wrongful death claim exclusively to the personal representative of that estate. If no personal representative exists, you must open an estate to appoint one before you can sue.
Wrongful Death Statute
Mississippi Code § 11-7-13 requires that all wrongful death actions be “brought by and in the name of the personal representative” of the deceased’s estate. The suit must be filed within two years of the date of death. See Miss. Code Ann. § 11-7-13.
Appointment of a Personal Representative
If the decedent left a valid will naming an executor, you must probate that will to appoint the executor as personal representative. If no will exists, you must petition the chancery or circuit court for letters of administration. Under Mississippi Code § 91-7-153, the court issues letters of administration—typically to the surviving spouse, adult children or a close family member. Learn more: Miss. Code Ann. § 91-7-153.
Practical Steps
- Determine whether a valid will names an executor.
- If a will exists, file it for probate in the county where the decedent lived.
- If intestate, file a petition for letters of administration.
- Gather the death certificate, list of assets, and heir contact information for the probate petition.
- Once you receive letters of administration or probate letters, the personal representative can file the wrongful death lawsuit.
- File the wrongful death action within two years of the date of death to avoid statute of limitations issues.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a licensed Mississippi attorney for guidance on your specific situation.
Helpful Hints
- Start the probate process promptly to secure your two-year filing window.
- Keep detailed records of funeral and medical expenses; they often factor into damages.
- Discuss estate administration roles with family members early to prevent disputes.
- Explore limited or expedited administration if the estate has minimal assets.
- Consider hiring a Mississippi attorney experienced in wrongful death and probate to streamline the process.