A wrongful death case can only be brought by the personal representative of the deceased person’s estate. Therefore, the first step is for Probate Court to appoint a personal representative. A petition must be filed to probate the Will. This is done in the probate office in the county of the residence. If the deceased had a Will at the time of death, an administrator would be appointed. If there was no Will, you file in intestate and an executor is appointed. Usually a surviving family member or close relative of the deceased acts as the personal representative of the estate.