Disclaimer: This post is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
In New Hampshire, wrongful death actions arise under RSA 556. Under RSA 556:1, the personal representative of the decedent’s estate may bring a lawsuit to recover damages resulting from wrongful acts, such as a fatal car accident. The recovered damages benefit the decedent’s surviving heirs and next of kin. Without a personal representative, individuals lack standing to file a wrongful death claim.
To obtain standing, you must appoint a personal representative. If the decedent left a valid will naming an executor, that person files for probate in the county probate court. If no will exists, next of kin can petition to become an administrator under RSA 556:2 (RSA 556:2). This process officially opens the estate and issues letters of administration.
New Hampshire also offers a summary or “small estate” process for estates with limited assets (generally under $30,000) under RSA 548 (RSA 548). However, this streamlined procedure may not grant full personal representative powers needed for a wrongful death suit.
Once you secure letters of administration or appointment as personal representative, you can file a wrongful death action. Be mindful of the statute of limitations: under RSA 508:4 (RSA 508:4), you generally have three years from the date of death to file your claim.
Helpful Hints
- Identify the decedent’s assets and heirs before filing for probate.
- Obtain certified copies of the death certificate for court filings.
- Review the decedent’s will; if none, list next of kin for administrator appointment.
- Consider whether the small estate summary under RSA 548 applies to your situation.
- File your wrongful death claim within three years of the date of death.
- Work with a New Hampshire wrongful death attorney to guide you through probate and litigation.