Why and when does the probate court and deceased’s estate become involved in a wrongful death claim?
In most wrongful death cases, there are multiple claims for damages. In most instances, the surviving children or spouse will bring a wrongful death action. Simultaneously, the deceased’s estate, through a personal representative, will bring a “survival action” against the negligent or wrongful party. Through the survival action, the estate can seek separate damages than those sought in the wrongful death action, including hospital and medical expenses, funeral costs, and the deceased pain and suffering. The probate court in your local county, whether Clayton, Gwinnett, Fulton, Cobb or any other county in Georgia, will become involved when we have a personal representative appointed to pursue claims on behalf of the estate. The personal representative or administrator may also bring a wrongful death claim on behalf of the estate if the decedent died without any surviving children or spouse.
