Understanding Utah’s Wrongful Death Statute and Estate Requirements
Detailed Answer
Under Utah law, only a decedent’s personal representative may bring a wrongful death action, including one arising from a car accident. Utah Code §78B-3-106 states that “an action for wrongful death shall be brought by the personal representative of the decedent.” To obtain that status, you must open a probate proceeding in the district court where the decedent lived.
When you open the estate, the court appoints someone—often called a personal representative or executor—to act on behalf of the decedent’s beneficiaries. Once appointed, the representative files the wrongful death lawsuit on behalf of the estate and the surviving family members. Any damages awarded flow into the estate and then distribute according to Utah Code §78B-3-107.
If the decedent’s assets fall below certain thresholds, Utah’s summary probate or small estate affidavit procedures may streamline the appointment process:
- Summary probate: For estates where the value of intestate real and personal property stays under $100,000 (see Utah Code §75-3-1101).
- Small estate affidavit: For personal property under $15,000 and no real property (see Utah Code §75-3-1102).
Even if you pursue a simplified probate route, you still need a court-appointed representative to initiate a wrongful death claim. Without that appointment, the court will dismiss the case for lack of standing.
Helpful Hints
- File probate promptly. Utah requires wrongful death suits within two years of the date of death (Utah Code §78B-3-107).
- Gather death certificate and any existing will to speed up the appointment of a personal representative.
- Consult a probate clerk about summary administration rules before filing your petition.
- Keep detailed records of accident reports, medical bills, and funeral expenses to support your claim.
- Consider hiring an attorney experienced in both probate and wrongful death actions for efficient coordination.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a licensed attorney to discuss your specific situation.