Losing a loved one is hard. When their death was caused by someone else’s actions — like a car crash, medical mistake, or unsafe conditions — it’s even harder. At Clause Law Group, many families ask us:
How does probate work with a wrongful death case?
This article will help you understand the link between probate and wrongful death in Pennsylvania, and what you need to know to protect your family’s rights.
What Is a Wrongful Death Case?
A wrongful death happens when someone dies because of another person’s carelessness, recklessness, or bad actions. It’s a legal claim the family can bring to recover money for things like:
- Funeral and burial costs
- Lost wages the person would have earned
- Pain and suffering of the family
- Medical bills from before death
What Does Probate Have to Do With It?
Probate is the legal process that happens after someone dies. It’s how the court:
- Confirms if there’s a will
- Appoints someone to handle the estate (called an executor or administrator)
- Makes sure debts are paid and assets are distributed
When there’s a wrongful death claim, the person in charge of the estate usually also handles the lawsuit. That means:
- The claim is filed in the name of the estate
- Any money recovered goes through the probate process before being given to family members
Who Can File a Wrongful Death Claim?
In Pennsylvania, a wrongful death lawsuit must be filed by the personal representative of the estate — the person the court appoints during probate. This is why starting the probate process quickly is important.
If no one files the lawsuit within six months of the death, any of the beneficiaries can step in and file it on behalf of the others.
Who Gets the Money?
This depends on what type of damages are awarded:
- Wrongful Death Damages go directly to surviving family members like a spouse, children, or parents. These are not considered part of the estate.
- Survival Action Damages (like pain and suffering or lost wages) go into the estate and are distributed according to the will — or by Pennsylvania law if there’s no will.
A probate lawyer makes sure the money is distributed fairly and legally.
Why You Need a Lawyer
Wrongful death claims are complex. There are deadlines, court filings, insurance companies, and tax questions. When you add in the probate process, it can feel overwhelming — especially when you’re grieving.
At Clause Law Group, we handle both wrongful death and probate cases. That means you get one team to handle the full picture — and protect your family’s future.
📞 Call us today at (570) 676-5212 for a free consultation with a compassionate and experienced Pennsylvania probate attorney.
