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How do you begin a wrongful death case?
A:
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 is 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.
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