[WSBAPT] Wrongful Death - Survivor as PERSONAL REPRESENTATIVE/ADMINISTRATOR -.. ".. but DIED INTESTATE.."

[Eric Nelsen]

Wrongful death action Plaintiff must be the Administrator of the estate, so you cannot commence the wrongful death case until an Administrator is appointed. So probate has to get commenced first.

You are fine designating the person as Personal Representative or as Administrator. PR is the generic term; Administrator designates someone appointed for a decedent who died without a Will. Executor/Executrix is the term for someone appointed under a Will.

A PR is generally authorized to maintain lawsuits without prior order of the Court. RCW 11.48.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.48.010>. Though if it is to settle by compromise, court authorization is required if the PR doesn't have nonintervention powers. RCW 11.48.130<http://app.leg.wa.gov/RCW/default.aspx?cite=11.48.130>.

As a general matter, beware the distinctions between a personal injury survivorship action and a wrongful death action, and the difference in to whom the benefits of the actions flow. The measure of damages in a wrongful death case is quite different from a personal injury action.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Victor R
Sent: Wednesday, January 13, 2016 4:02 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Wrongful Death - Survivor as PERSONAL REPRESENTATIVE/ADMINISTRATOR -.. ".. but DIED INTESTATE.."

Members:
Spouse dies without will without assets, and surviving spouse wants to file lawsuit for Negligence/Wrongful Death.
Do you normally name the Plaintiff as "Administrator" or "Personal Representative"?
... or first get a court order through the Probate process?  Then file?





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