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Wrongful Death Lawsuit Eligibility by State

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If your family lost a loved one because of another person or company’s negligence, you may be able to file a wrongful death lawsuit and press for charges. But, each state has different laws for who can file a claim, so it’s important to learn the wrongful death laws in your state before trying to pursue legal action. 

Personal representative: Often called the “executor,” this person is responsible for managing the deceased individual’s estate and remaining assets. This person is either selected by the court (along with the family) or chosen in the decedent’s will.

The personal representative is legally obligated to follow the terms listed in the deceased individual’s will, and this person is given special authority to make decisions on the behalf of the decedent’s family.
Further Reading

Wrongful death overview

Available damages in a wrongful death lawsuit

Statute of limitations by state

The IARC’s cancer classification system

CTA box leading to wrongful death eligibility form.
State Who's Eligible?
Alabama Personal representative only.
Alaska Personal representative only.
Arizona Personal representative or an “heir at law.” An heir at law can be the deceased’s parent, legal guardian, spouse or child.
Arkansas Personal representative or an “heir at law.” An heir at law can be the deceased’s parent, legal guardian, spouse or child.
California A claim can be filed by the deceased’s spouse, domestic partner, children, grandchildren, parents, stepchildren, legal guardian, or anyone "who would be entitled to the property of the decedent by intestate succession."
Colorado In the first year following the wrongful death, only the deceased’s spouse (or the decedent’s children, if the spouse makes a request in writing) can file a claim. In the second year, the deceased’s spouse, children, or a designated beneficiary can file a claim.
Connecticut Personal representative only. Court will appoint one if not listed in the deceased’s will.
Delaware The deceased’s spouse, children, parents or siblings. If none of these are available, a relative by blood can file a claim.
District of Columbia (D.C.) Personal representative only. The court will appoint one if not listed in the deceased’s will.
Florida Personal representative only.
Georgia First in line is the surviving spouse. If there is no spouse available, the deceased’s children are next in line. If there are no surviving children, the deceased’s parents can file a claim. If none of these relatives are available, the personal representative must file the claim.
Hawaii A claim can be filed by the deceased’s spouse, children, parents, stepchildren, legal guardian, or anyone "who would be entitled to the property of the decedent by intestate succession."
Idaho A claim can be filed by the deceased’s spouse, children, parents, or stepchildren. A personal representative or the heir of the deceased’s estate can also file a claim.
Illinois Personal representative only. Court will appoint one if not listed in the deceased’s will.
Indiana For adults, personal representative only. If the deceased person is a minor, then the lawsuit must instead be filed by one or both parents.
Iowa Personal representative only.
Kansas A claim can be filed by the deceased’s spouse, children, parents, grandparents, or siblings.
Kentucky Personal representative only, with exceptions. If the deceased person was a minor, the child’s parents may join the lawsuit with the personal representative. If the decedent was killed by a deadly weapon, the surviving spouse and children can file the claim instead.
Louisiana A claim can be filed by the deceased’s spouse or children. If there is not a spouse or any children, the deceased’s parents can file, and siblings can file if there are no parents. Grandparents may file if there are no siblings.
Maine Personal representative only.
Maryland A claim can be filed by the deceased’s spouse, parents, or children. If none of these individuals are available, a family member who was dependent on the deceased may file instead.
Massachusetts Personal representative only.
Michigan Personal representative only. The personal representative must additionally provide notice to any family members entitled to damages within 30 days.
Minnesota The surviving spouse– or the closest relative by blood if there is no spouse– must appoint a “trustee” in writing to the court to file the lawsuit and oversee the distribution of any won damages.
Mississippi A claim can be filed by the deceased’s personal representative, spouse, parents, children, or siblings.
Missouri A claim can be filed by the deceased’s spouse, parents, children, or, if the children are deceased, grandchildren. If none of these individuals are available, the deceased’s siblings may file instead.
Montana Personal representative only.
Nebraska Personal representative only.
Nevada A claim can be filed by the deceased’s personal representative, spouse, or children. If there is no spouse or child, the deceased’s parents can file, and siblings can file if there are no surviving parents.
New Hampshire Anyone “interested in the estate of the deceased person” is able to file a wrongful death claim, family or otherwise.
New Jersey Personal representative only.
New Mexico Personal representative only.
New York Personal representative only.
North Carolina Personal representative only.
North Dakota A claim can be filed in the following order: the deceased’s spouse, children, parents, grandparents, the personal representative, and if none of the listed are available, anyone who had primary physical custody of the deceased.
Ohio Personal representative only.
Oklahoma Personal representative only.
Oregon Personal representative only.
Pennsylvania If the personal representative doesn’t file a claim within 6 months of the decedent’s passing, any of the deceased person’s beneficiaries can file it instead.
Rhode Island In the first 6 months, only the personal representative can begin a case. However, after 6 months (or if there is no executor), one of the deceased’s beneficiaries can file on behalf of all beneficiaries.
South Carolina Personal representative only. However, damages recovered will go to the deceased’s surviving family, including his or her spouse, children, parents, or other heirs if none of the listed are available.
South Dakota Personal representative only.
Tennessee A claim can be filed in the following order: the deceased’s spouse, children, surviving next of kin, the personal representative, and finally, a grandparent, if the deceased relied on a parent before death.
Texas A claim can be filed by the deceased’s spouse, children, or parents. If none of the listed files a claim after 3 months from the wrongful death, the personal representative must step in and file it instead.
Utah Must be filed either by the personal representative or by one of the deceased’s heirs. Those heirs include the surviving spouse, children, parents, stepchildren under 18, or, if none of the listed are available, a blood relative.
Vermont Personal representative only.
Virginia Personal representative only. However, damages recovered will go to the deceased’s surviving family, including his or her spouse, children, parents, or grandchildren. If the listed aren’t available, the deceased’s parents, siblings, or dependent relatives are able to recover in a claim.
Washington Personal representative only. If there is no personal representative, the court will appoint one. Damages are awarded for the deceased’s spouse, domestic partner, and children. If the deceased was a child, a parent can file a wrongful death lawsuit instead of a representative.
West Virginia Personal representative only. However, damages recovered can go to the deceased’s spouse, children, parents, siblings, or any family who was financially dependent on the deceased. If the listed aren’t available, damages will be be distributed based on the deceased’s will.
Wisconsin A claim can be filed in the following order: the deceased’s spouse or domestic partner, children, parents, grandparents, and siblings.
Wyoming Only a “wrongful death representative” who is elected based on who will best represent the deceased’s beneficiaries, can file a claim. Anyone connected with the deceased can petition for an appointment with the court to become a representative.

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Referenced Articles

The references used by our writers at FreeLegalReviews.com are deemed to be from credible and reputable sources, including peer-reviewed studies, court records, non-profit organizations, government agencies, highly regarded news media, and legal subject experts. Before making any medical or financial decisions, please seek the opinion of a qualified professional.

  1. Kagan, J. (2023, June 15). Personal Representative: Advantages and Disadvantages of The Role. Retrieved from https://www.investopedia.com/terms/p/personal-representative.asp

  2. Wrongful act, omission, or negligence causing death, Ala. Code § 6-5-410 (Casetext). Retrieved from https://codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-5-410/
  1. Action for wrongful death, Alaska Stat. § 09.55.580 (Casetext). Retrieved from https://casetext.com/statute/alaska-statutes/title-09-code-of-civil-procedure/chapter-0955-special-actions-and-proceedings/article-07-survival-and-wrongful-death-actions/section-0955580-action-for-wrongful-death
  2. Parties plaintiff; recovery; distribution; disqualification, Ariz. Rev. Stat. § 12-612 (Casetext). Retrieved from https://casetext.com/statute/arizona-revised-statutes/title-12-courts-and-civil-proceedings/chapter-6-special-actions-and-proceedings-by-individual-persons/article-2-death-by-wrongful-act/section-12-612-parties-plaintiff-recovery-distribution-disqualification
  3. Wrongful death actions – Survival, Ark. Code § 16-62-102 (Casetext.) Retrieved from https://casetext.com/statute/arkansas-code-of-1987/title-16-practice-procedure-and-courts/subtitle-5-civil-procedure-generally/chapter-62-survival-and-abatement-of-actions/section-16-62-102-wrongful-death-actions-survival
  4. Persons who may assert action, Cal. Code Civ. Proc. § 377.60 (Casetext). Retrieved from https://casetext.com/statute/california-codes/california-code-of-civil-procedure/part-2-of-civil-actions/title-3-of-the-parties-to-civil-actions/chapter-4-effect-of-death/article-6-wrongful-death/section-37760-persons-who-may-assert-action
  5. Damages for death, Colo. Rev. Stat. § 13-21-201 (Casetext). Retrieved from https://casetext.com/statute/colorado-revised-statutes/title-13-courts-and-court-procedure/damages-and-limitations-on-actions/article-21-damages/part-2-damages-for-death-by-negligence/section-13-21-201-damages-for-death
  6. Actions for injuries resulting in death, Conn. Gen. Stat. § 52-555 (Casetext). Retrieved from https://casetext.com/statute/general-statutes-of-connecticut/title-52-civil-actions/chapter-925-statutory-rights-of-action-and-defenses/section-52-555-actions-for-injuries-resulting-in-death
  7. Action for wrongful death, Del. Code tit. 10 § 3724 (Casetext). Retrieved from https://casetext.com/statute/delaware-code/title-10-courts-and-judicial-procedures/part-iii-procedure/chapter-37-survival-of-actions-and-causes-of-action-wrongful-death-actions/subchapter-ii-wrongful-death-actions/section-3724-action-for-wrongful-death
  8. Liability; damages; prior recovery as precluding action, D.C. Code § 16-2701. Retrieved from https://code.dccouncil.gov/us/dc/council/code/sections/16-2701#:~:text=(a)%20When%2C%20by%20an,person%20injured%20is%20married%20or
  9. Damages, Fla. Stat. § 768.21. Retrieved from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html
  10. Wrongful death of spouse or parent, Ga. Code § 51-4-2 (Casetext). Retrieved from https://casetext.com/statute/code-of-georgia/title-51-torts/chapter-4-wrongful-death/section-51-4-2-effective-712024-wrongful-death-of-spouse-or-parent
  11. Death by wrongful act, Haw. Rev. Stat. § 663-3 (Casetext). Retrieved from https://casetext.com/statute/hawaii-revised-statutes/division-4-courts-and-judicial-proceedings/title-36-civil-remedies-and-defenses-and-special-proceedings/chapter-663-tort-actions/part-i-liability-survival-of-actions/section-663-3-death-by-wrongful-act
  12. SUIT FOR WRONGFUL DEATH BY OR AGAINST HEIRS OR PERSONAL REPRESENTATIVES – DAMAGES, Idaho Code § 5-311 (Casetext). Retrieved from https://casetext.com/statute/idaho-code/title-5-proceedings-in-civil-actions-in-courts-of-record/chapter-3-parties-to-actions/section-5-311-suit-for-wrongful-death-by-or-against-heirs-or-personal-representatives-damages
  13. Section 740 ILCS 180/1, 740 ILCS 180/1. Retrieved from https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57

    Death from wrongful act or omission, Ind. Code § 34-23-1-1. Retrieved from https://iga.in.gov/laws/2023/ic/titles/34#34-18-14

  14. Damages for wrongful death, Iowa Code § 633.336 (Casetext). Retrieved from https://casetext.com/statute/code-of-iowa/title-xv-judicial-branch-and-judicial-procedures/chapter-633-probate-code/subchapter-vii-administration-of-estates-of-decedents/part-1-general-provisions-limitation/wrongful-death/section-633336-damages-for-wrongful-death
  15. Cause of action, Kan. Stat. § 60-1901 (Findlaw). Retrieved from https://codes.findlaw.com/ks/chapter-60-procedure-civil/ks-st-sect-60-1901/
  16. Section 411.130 – Action for wrongful death – Personal representative to prosecute – Distribution of amount recovered, Ky. Rev. Stat. § 411.130 (Casetext). Retrieved from https://casetext.com/statute/kentucky-revised-statutes/title-36-statutory-actions-and-limitations/chapter-411-rights-of-action-and-survival-of-actions/section-411130-action-for-wrongful-death-personal-representative-to-prosecute-distribution-of-amount-recovered
  17. Wrongful death action, La. Civ. Code art. 2315.2. Retrieved from https://www.legis.la.gov/legis/Law.aspx?d=109371
  18. Actions for wrongful death, Me. Stat. tit. 18-C § 2-807. Retrieved from https://legislature.maine.gov/statutes/18-C/title18-Csec2-807.html
  19. Action for wrongful death, Md. Code, Cts. & Jud. Proc. § 3-904. Retrieved from https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gcj&section=3-904&enactments=false
  20. Wrongful death; damages, Mass. Gen. Laws ch. 229 § 2. Retrieved from https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section2
  21. Section 600.2922 – Death by wrongful act, neglect, or fault of another; liability; action by personal representative; limitation; notice; approval or rejection of proposed settlement; award and distribution of damages; presentation of claim for damages; advising attorney for personal representative of material facts; applicability of MCL 700.3924 to distribution of proceeds, Mich. Comp. Laws § 600.2922 (Casetext). Retrieved from https://casetext.com/statute/michigan-compiled-laws/chapter-600-revised-judicature-act-of-1961/subchapter-chapter-29-provisions-concerning-specific-actions/section-6002922-death-by-wrongful-act-neglect-or-fault-of-another-liability-action-by-personal-representative-limitation-notice-approval-or-rejection-of-proposed-settlement-award-and-distribution-of-damages-presentation-of-claim-for-damages-advising-attorney-for-personal-representative-of-material-facts-applicability-of-mcl-7003924-to-distribution-of-proceeds
  22. ACTION FOR DEATH BY WRONGFUL ACT; SURVIVAL OF ACTIONS, Minn. Stat. § 573.02 (Casetext). Retrieved from https://casetext.com/statute/minnesota-statutes/postjudgment-remedies-alternative-dispute-resolution-bonds/chapter-573-personal-representatives-heirs-actions/section-57302-action-for-death-by-wrongful-act-survival-of-actions
  23. Actions for injuries producing death, Miss. Code § 11-7-13 (Casetext). Retrieved from https://casetext.com/statute/mississippi-code-1972/title-11-civil-practice-and-procedure/chapter-7-practice-and-procedure-in-circuit-courts/in-general/section-11-7-13-actions-for-injuries-producing-death
  24. Action for wrongful death – who may sue – limitation, Mo. Rev. Stat. § 537.080. Retrieved from https://revisor.mo.gov/main/OneSection.aspx?section=537.080&bid=28468&hl=
  25. Section 27-1-513 – Action for wrongful death, Mont. Code § 27-1-513. Retrieved from https://leg.mt.gov/bills/mca/title_0270/chapter_0010/part_0050/section_0130/0270-0010-0050-0130.html
  26. Section 30-810 – Action for wrongful death; limitation; in whose name brought; judgment; disposition of avails; compromise of claim; procedure, Neb. Rev. Stat. § 30-810. Retrieved from https://nebraskalegislature.gov/laws/statutes.php?statute=30-810
  27. Heirs and personal representatives may maintain action, Nev. Rev. Stat. § 41.085. Retrieved from https://www.leg.state.nv.us/nrs/nrs-041a.html#NRS041ASec085
  28. Section 556:12 – Damages for Wrongful Death, Elements, N.H. Rev. Stat. § 556:12. Retrieved from https://www.gencourt.state.nh.us/rsa/html/LVI/556/556-12.htm
  29. Section 2A:31-1 – When action lies, N.J. Stat. § 2A:31-1 (Casetext). Retrieved from https://casetext.com/statute/new-jersey-statutes/title-2a-administration-of-civil-and-criminal-justice/chapter-2a31-when-action-lies/section-2a31-1-when-action-lies
  30. Death by wrongful act or neglect; liability in damages, N.M. Stat. § 41-2-1. Retrieved from https://nmonesource.com/nmos/nmsa-unanno/en/item/18541/index.do?zoupio-debug#!fragment/
  31. Section 5-4.1 – Action by personal representative for wrongful act, neglect or default causing death of decedent, N.Y. EPTL 5-4.1 (Casetext). Retrieved from https://casetext.com/statute/consolidated-laws-of-new-york/chapter-estates-powers-and-trusts/article-5-family-rights/part-4-rights-of-members-of-family-resulting-from-wrongful-act-neglect-or-default-causing-death-of-decedent/section-5-41-action-by-personal-representative-for-wrongful-act-neglect-or-default-causing-death-of-decedent
  32. Section 28A-18-2 – Death by wrongful act of another; recovery not assets, N.C. Gen. Stat. § 28A-18-2 (Findlaw). Retrieved from https://codes.findlaw.com/nc/chapter-28a-administration-of-decedents-estates/nc-gen-st-sect-28a-18-2/
  33. Section 32-21-01 – When action for death by wrongful act maintainable, N.D. Cent. Code § 32-21-01 (Casetext). Retrieved from https://casetext.com/statute/north-dakota-century-code/title-32-judicial-remedies/chapter-32-21-death-by-wrongful-act/section-32-21-01-when-action-for-death-by-wrongful-act-maintainable
  34. Section 2125.01 – Action for wrongful death, Ohio Rev. Code § 2125.01. Retrieved from https://codes.ohio.gov/ohio-revised-code/section-2125.01
  35. Section 1053 – Wrongful death – Limitation of actions – Damages, Okla. Stat. tit. 12 § 1053 (Casetext). Retrieved from https://casetext.com/statute/oklahoma-statutes/title-12-civil-procedure/chapter-17-survival-and-abatement-of-actions/section-1053-wrongful-death-limitation-of-actions-damages
  36. Section 30.020 – Action for wrongful death; when commenced; damages, ORS § 30.020. Retrieved from https://oregon.public.law/statutes/ors_30.020
  37. Section 8301 – Death action, 42 Pa. C.S. § 8301 (Casetext). Retrieved from https://casetext.com/statute/pennsylvania-statutes/consolidated-statutes/title-42-pacs-judiciary-and-judicial-procedure/part-vii-civil-actions-and-proceedings/chapter-83-particular-rights-and-immunities/subchapter-a-rights-of-action/section-8301-death-action
  38. Section 10-7-1 – Liability for damages for causing death, R.I. Gen. Laws § 10-7-1 (Casetext). Retrieved from https://casetext.com/statute/general-laws-of-rhode-island/title-10-courts-and-civil-procedure-procedure-in-particular-actions/chapter-10-7-death-by-wrongful-act/section-10-7-1-liability-for-damages-for-causing-death
  39. Section 15-51-10 – Civil action for wrongful act causing death, S.C. Code § 15-51-10. Retrieved by https://www.scstatehouse.gov/code/t15c051.php
  40. Section 21-5-5 – Relatives for whose benefit action brought-Personal representative to bring action, S.D. Codified Laws § 21-5-5. Retrieved from https://sdlegislature.gov/Statutes/21-5-5
  41. Section 20-5-106 – Injury resulting in death – Succession to cause of action – Beneficiaries, Tenn. Code § 20-5-106. Retrieved from https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=36a4f37c-8d98-4374-8b89-ccca8da607a8&nodeid=AAUAAFAAG&nodepath=%2FROOT%2FAAU%2FAAUAAF%2FAAUAAFAAG&level=3&haschildren=&populated=false&title=20-5-106.+Injury+resulting+in+death+%E2%80%94+Succession+to+cause+of+action+%E2%80%94+Beneficiaries.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8K-S770-R03M-N0DY-00008-00&ecomp=6gf5kkk&prid=323485d8-4b85-4204-af0b-7c07524f237a
  42. Section 71.002 – Cause of Action, Tex. Civ. Prac. & Rem. Code § 71.002 (Casetext). Retrieved from https://casetext.com/statute/texas-codes/civil-practice-and-remedies-code/title-4-liability-in-tort/chapter-71-wrongful-death-survival-injuries-occurring-out-of-state/subchapter-a-wrongful-death/section-71002-cause-of-action
  43. Section 78B-3-106 – Death of a person – Suit by heir or personal representative, Utah Code § 78B-3-106. Retrieved from https://le.utah.gov/xcode/Title78B/Chapter3/78B-3-S106.html?v=C78B-3-S106_1800010118000101
  44. Section 1491 – Right of action where death results from wrongful act, Vt. Stat. tit. 14 § 1491. Retrieved from https://legislature.vermont.gov/statutes/section/14/071/01491
  45. Section 8.01-50 – Action for death by wrongful act; how and when to be brought, Va. Code § 8.01-50. Retrieved from https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-50/
  46. Section 4.20.010 – Wrongful death-Right of action, Wash. Rev. Code § 4.20.010 (Casetext), Retrieved from https://casetext.com/statute/revised-code-of-washington/title-4-civil-procedure/chapter-420-survival-of-actions/section-420010-wrongful-death-right-of-action
  47. Section 55-7-5 – Action for death by wrongful act, W. Va. Code § 55-7-5. Retrieved from https://code.wvlegislature.gov/55-7-5/
  48. Section 895.04 – Plaintiff in wrongful death action, Wis. Stat. § 895.04. Retrieved from https://docs.legis.wisconsin.gov/statutes/statutes/895/i/04
  49. Section 1-38-101 – Actions for wrongful death which survive; proceedings against executor or administrator of person liable, Wyo. Stat. § 1-38-101 (Findlaw). Retrieved from https://codes.findlaw.com/wy/title-1-code-of-civil-procedure/wy-st-sect-1-38-101/