Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Alabama law, only a personal representative of the deceased’s estate may file a wrongful death lawsuit. Alabama Code Section 6-5-410 states that a personal representative can bring this action for the benefit of the surviving spouse and next of kin. Ala. Code § 6-5-410.
1. Personal Representative Requirement
A personal representative (executor or administrator) holds authority to pursue claims on behalf of heirs. If the decedent left a valid will, the named executor serves in this role. If there is no will, the probate court appoints an administrator under Ala. Code § 43-2-140.
2. Opening an Estate (Probate)
To gain authority to sue, you must open probate by filing a petition in county probate court. The process generally requires:
- Filing a petition for administration.
- Submitting the death certificate.
- Notifying heirs and possible creditors.
- Paying court filing fees.
Even if the estate holds minimal assets, you must open a probate proceeding to obtain legal authority to sue.
3. Timeline and Deadlines
The wrongful death statute of limitations runs two years from the date of death. Ala. Code § 6-2-38. Complete the probate appointment before this deadline to preserve your right to sue.
Helpful Hints
- Start probate promptly to avoid missing the two-year deadline.
- Gather the decedent’s death certificate, will (if any), and asset information.
- Identify and list all potential heirs to streamline notice requirements.
- Remember that a small estate affidavit handles asset transfer but does not substitute for wrongful death representation.
- Consult a personal injury attorney experienced in Alabama wrongful death law.