Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
Under Washington law, only the decedent’s personal representative may file a wrongful death lawsuit. See RCW 4.20.020. To obtain that status, you generally must open a probate estate and be appointed by the court.
Probate is the legal process where a court validates a will (if one exists) and appoints a personal representative (PR) to handle the decedent’s estate. In Washington, probate is governed by Title 11 of the Revised Code of Washington. You start by filing a petition for probate in the superior court of the county where the decedent lived. See RCW 11.20.010.
If the decedent’s personal property totals less than $100,000, you may qualify for a simplified small estate procedure. Under RCW 11.62.020, you can file a small estate affidavit to avoid formal probate, but you still create a record and appoint a PR for the wrongful death claim.
Once appointed, the personal representative can:
- Identify and preserve estate assets.
- File the wrongful death action within the three-year statute of limitations set by RCW 4.20.020.
- Negotiate settlements or pursue trial and distribute any recovery per Washington’s inheritance laws.
Failing to obtain PR status before filing can lead to dismissal of the claim. If no one opens probate within one year, certain heirs may petition the court for appointment under RCW 4.20.020.
Helpful Hints
- File probate promptly to secure PR status before starting your wrongful death suit.
- Obtain a certified death certificate before petitioning for probate.
- Review local superior court probate rules in the decedent’s county.
- Check if the small estate affidavit procedure applies to your case.
- Monitor the three-year wrongful death deadline under RCW 4.20.020.