Detailed Answer
Pursuing a wrongful death claim after a car accident in New Jersey requires a proper representative of the deceased’s estate. Under New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.), only the decedent’s personal representative can file suit on behalf of surviving family members and other beneficiaries. Without formally opening an estate and obtaining Letters of Administration or Letters Testamentary, you lack the legal standing to initiate or maintain a wrongful death action.
Step-by-Step Process:
- Determine if a will exists. If the decedent left a valid will, the named executor applies for Letters Testamentary in the county Surrogate’s Court. If no will exists, the court appoints an administrator through Letters of Administration under N.J.S.A. 3B:5-2 (Justia link).
- File a probate application. The Surrogate’s Court reviews the application, issues letters, and establishes the estate case number. This process officially “opens” the estate.
- Bring the wrongful death suit. Once appointed, the personal representative files the complaint in civil court alleging negligence or wrongful conduct causing death. See N.J.S.A. 2A:31-1 (Justia link).
- Observe the statute of limitations. In New Jersey, a wrongful death action must be filed within two years of the date of death under N.J.S.A. 2A:31-3(a) (Justia link).
Without opening the estate, the court cannot verify your authority to settle claims, distribute proceeds, or represent beneficiaries. Skipping the probate step puts the entire wrongful death claim at risk of dismissal.
Helpful Hints
- Start probate promptly. Surrogate’s Courts vary in processing time.
- Gather key documents: death certificate, will (if any), marriage certificate, and beneficiary information.
- Notify all interested parties—spouse, children, or next of kin—early in the probate process.
- Consult an attorney familiar with New Jersey probate and wrongful death law.
- Keep track of deadlines. The two-year statute of limitations is strict.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.