Detailed Answer
This article explains how Arizona law treats wrongful death claims after a car accident. It is not legal advice.
Under Arizona Revised Statutes (A.R.S.) §12-612, a wrongful death action must be brought by the personal representative of the decedent’s estate. To appoint a personal representative, you file a probate petition in the Superior Court of the county where the decedent lived. See A.R.S. §14-3101 for appointment rules: https://www.azleg.gov/ars/14/03101.htm.
If no personal representative is appointed within 120 days of death, a qualified survivor—such as a spouse, child, parent, sibling or other heir—may file the wrongful death action in their own name on behalf of statutory beneficiaries. See A.R.S. §12-612(B): https://www.azleg.gov/ars/12/00612.htm. Before any settlement or judgment, you must serve written notice on all beneficiaries and any subsequently appointed personal representative.
A wrongful death claim must begin within two years of the date of death under A.R.S. §12-542(2): https://www.azleg.gov/ars/12/00542.htm. If you miss this deadline, the court will dismiss your case.
In cases where the decedent’s personal property totals less than $75,000, you may use the small estate affidavit process under A.R.S. §14-3971 to collect assets. However, that process alone does not authorize you to file a wrongful death claim—you still need the authority described in §12-612. See A.R.S. §14-3971: https://www.azleg.gov/ars/14/03971.htm.
Hypothetical Example: Jane’s husband dies in a car crash. No one files for probate in 120 days. Jane, as spouse, files the wrongful death lawsuit in her own name. She serves written notice to all heirs and any later-appointed personal representative. She pursues damages for herself and her children.
Helpful Hints
- Identify all statutory beneficiaries before you file.
- Note the two-year statute of limitations from the date of death.
- Use small estate affidavit only to collect assets, not to gain authority to sue.
- Serve written notice to heirs and any subsequent personal representative at least 60 days before settlement.
- Consider hiring a probate attorney to expedite appointment of a personal representative.
- Gather police reports, medical records and witness statements early in your case.
Disclaimer: This information is for educational purposes only and does not constitute legal advice.