A personal representative is the individual chosen to act on behalf of a deceased person’s estate and beneficiaries.
What a Personal Representative Is in Layman’s Terms
A personal representative is the person named in a will (or appointed by the court if no will exists) to handle the affairs of someone who has passed away.
In many states, only the personal representative—sometimes called the executor—has the legal authority to file a wrongful death claim on behalf of the deceased person’s estate and beneficiaries. The personal representative may also be one of the beneficiaries.
New York’s Personal Representative Rule for Wrongful Death Claims
Per NY EPTL § 5-4.1, “the personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent’s death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued.”
What This Means for You
Under New York law, only the personal representative can file a wrongful death claim.
If you lost a loved one in a New York accident, the first step is identifying who their personal representative is.
- This person may be named in your loved one’s will.
- If not, the court can appoint someone to take on this responsibility.
Once identified or assigned, the personal representative is the one who can pursue compensation on behalf of the surviving family members. In New York, survivors generally include the spouse, children, parents, and siblings. What beneficiaries recover depends on the specifics of the family unit.
Family members could recover medical bills, lost support and services, funeral and burial costs, and more. A personal representative typically has two years to file a wrongful death lawsuit.
Our wrongful death lawyers can help you determine whether you are your loved one’s personal representative or able to benefit from a wrongful death claim.
