Detailed Answer
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Idaho for guidance on your specific situation.
Under Idaho law, a wrongful death claim arising from a car accident must be brought by the deceased’s personal representative. Idaho Code § 5-311 states that when death results from another’s wrongful act, neglect, or default, “the cause of action survives” and must be pursued by a personal representative. You cannot file a wrongful death lawsuit in your own name unless you hold that court-approved role.
To become the personal representative, you usually open probate in the county where the decedent resided. There are two primary paths:
- Formal Probate: File a petition for letters of administration under Idaho Code §§ 15-3-501 through 15-3-508. The court will appoint you after notice to heirs. This process applies if the estate has real property or personal property over $75,000.
- Summary (Small) Estate Administration: If the decedent’s personal property (excluding real estate) is valued at $75,000 or less, you may use summary administration under Idaho Code § 15-3-201. You file a simplified petition, and the court can appoint you more quickly with minimal paperwork. In some cases, you can collect assets via affidavit under § 15-3-302 without opening full probate—but you still need a personal representative’s appointment before suing.
Once appointed, the personal representative has authority to file the wrongful death lawsuit within Idaho’s two-year statute of limitations from the date of death (Idaho Code § 5-219). If you miss this deadline, the claim is barred.
In practice, many families use the summary estate route to streamline appointment solely for litigation purposes. Courts recognize “litigation-only” administrations where the sole purpose is to pursue the wrongful death claim, avoiding lengthy probate. However, you must follow the notice and filing requirements of Title 15, Chapter 3 to secure your appointment.
Key Statutes:
- Wrongful death action requirements: Idaho Code § 5-311
- Statute of limitations: Idaho Code § 5-219
- Summary estate administration (small estates): Idaho Code § 15-3-201
- Affidavit collection of assets (small estates): Idaho Code § 15-3-302
Helpful Hints
- Begin the estate process promptly. The two-year limitation runs from the date of death.
- Gather the death certificate, list of heirs, and an asset inventory before filing.
- If assets are modest (≤ $75,000), summary administration often saves time and costs.
- File your petition in the probate court of the county where the decedent lived.
- Consider “litigation-only” probate if you need appointment solely to pursue the wrongful death claim.
- Hire an attorney experienced in wrongful death and probate to navigate court rules and filings.