Do I Need to Open an Estate to Pursue a Wrongful Death Car Accident Claim in Texas?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Under Texas law, only a court-appointed personal representative of the decedent’s estate may file a wrongful death lawsuit. The Texas Civil Practice and Remedies Code requires this appointment:

To obtain letters testamentary or letters of administration, you must open an estate in the probate court of the county where the decedent lived. This process formally appoints you (or another qualifying person) as personal representative.

You do not need to complete full asset administration before filing your wrongful death claim. Once the court issues your appointment, you have standing to sue. Many families use an independent administration if the decedent left a valid will. This route limits court supervision after appointment and reduces delays.

Texas does not allow small-estate affidavits or informal heirship to replace a personal representative in a wrongful death action. You must follow standard probate procedures, even if the estate has few assets.

Keep in mind the two-year statute of limitations for wrongful death actions in Texas:

You have two years from the date of death to file suit. If you miss this deadline, you lose your right to recover damages for funeral expenses, loss of consortium, mental anguish, and other statutory damages.

Helpful Hints

  • Locate the decedent’s original will (if any) and death certificate before contacting the probate court.
  • Consider independent administration to reduce court oversight after appointment.
  • Gather heirship information: names, addresses, and relationships of all surviving heirs.
  • File the probate application promptly to secure your standing before the two-year deadline.
  • Consult a probate clerk or probate attorney to streamline the estate opening process.
  • Maintain records of all probate filings and correspondence for your wrongful death claim.
  • Track the statute of limitations calendar to avoid missing filing deadlines.

Disclaimer: This article provides general information on Texas wrongful death and probate law. It does not constitute legal advice. Please consult a qualified attorney for guidance tailored to your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.